Personal Injury Law

Family Files Chicago Wrongful Death Lawsuit Against Chinese Restaurant After 7th Grader Suffers Fatal Peanut Allergy

Three months after 13-year-old Katelyn Carlson passed away from an allergic reaction to peanuts, her family is suing the Chinese Inn Restaurant for Chicago wrongful death. The restaurant had provided the meal, which contained peanut products, at a party held at Edison Regional Gifted Center in Albany Park last December. According to the 7th grader?s classmates, even though Carlson was experiencing breathing problems during the meal, school officials did not give her epinephrine, which is supposed to relieve allergic reactions.

Per the Cook County wrongful death complaint, the Chicago Public Schools had notified the restaurant about the girl?s peanut allergy and requested that the food served not include any products with peanuts, including sauces and oils. However, lab tests ordered by the Chicago Board of Education showed that the food contained peanut products or peanuts. The medical examiner's office says that Carlson died of anaphylaxis, which is a severe food allergy.

Her family is seeking over $100,000 in Chicago wrongful death damages. They claim that the food was carelessly prepared and that the restaurant failed to warn that certain foods could not be made without peanut products. Also named as a defendant is the restaurant?s owner, Xiang Zhong Mei.

Restaurants can be held liable for food injuries and illnesses resulting from their food. Spoiled foods and foreign objects left in food are among the more common causes of food injuries. Just last week, a man filed a Chicago personal injury lawsuit against Ramada Worldwide because he said he got hurt in 2009 when he bit into a hamburger that contained glass shards while at the hotel chain?s Lake Shore Drive location. Troy Palmer contends that his tooth broke on a ?hidden glass fragment.? He is accusing Ramada of negligent food maintenance. Possible liable parties for a food injury lawsuit may include the restaurant, its owner, a food product provider, or others involved in the serving and/or providing of the food item that caused the Chicago injury or death.

Suit: Man bit burger and broke tooth on glass, Chicago Tribune, March 14, 2011

CPS student died from peanuts in Chinese food, suit claims, WLS, March 2011

Niles Restaurant Sued After Allergic Girl Dies From Food, NilesPatch, March 21, 2011

Related Web Resources:
Chicago Public Schools

Anaphylaxis

More Blog Posts:
Chicago Products Liability Lawsuit Seeks More than $600,000 from McDonald?s Over Glass Found in McChicken Sandwich, Chicago Injury Attorney, February 14, 2011

Chicago Area?s Will County Among 22 Illinois Counties Where Subway Restaurants are Reporting Salmonella Outbreaks, Chicago Injury Attorney, June 8, 2010

Full post as published by Chicago Injury Attorney Blog on March 23, 2011 (boomark / email).