New York City Food Allergy Litigation

A food allergy is an immune system response to a food protein that the body mistakenly identifies as harmful. Management involves avoiding the allergen, reading food labels, and having an emergency plan in place, including the use of epinephrine for severe reactions.

Common Allergens

People can be allergic to many different things, but the most common food allergens include:

• Peanuts: One of the most common food allergens, peanuts can cause severe allergic reactions, including anaphylaxis.
• Tree Nuts: This group includes almonds, walnuts, cashews, hazelnuts, pecans, pistachios, and Brazil nuts. Tree nut allergies are often lifelong and can be very serious.
• Cow’s Milk: Milk allergies are common, especially in infants and young children. The allergy is usually to proteins found in cow’s milk, such as casein and whey.
• Egg White: The proteins in egg whites, such as ovomucoid and ovalbumin, are common allergens. However, some individuals may also be allergic to the proteins in the yolk.
• Wheat Proteins: Allergies to wheat proteins, including gluten, can cause various allergic reactions. This is different from celiac disease, which is an autoimmune condition triggered by gluten.
• Soy Products: Soy is a common ingredient in many processed foods, including soy milk, tofu, and soy sauce. It is a common allergen, particularly in children.
• Fish: Common fish allergens include salmon, tuna, and cod. Fish allergies are typically lifelong.
• Shellfish: This group includes crustaceans (shrimp, crab, lobster) and mollusks (clams, mussels, oysters). Shellfish allergies are common in adults and can cause severe reactions.

Managing Food Allergies

Managing food allergies effectively is crucial to prevent allergic reactions and ensure the safety and well-being of individuals with these conditions.

The cornerstone of managing food allergies is the strict avoidance of known allergens. This involves identifying and eliminating the allergenic foods from the diet and environment.

Steps for Effective Avoidance

• Reading Labels: Carefully reading ingredient labels on packaged foods to check for allergens. This includes understanding hidden sources of allergens and recognizing alternative names for common allergens.
• Cross-Contamination: Being vigilant about cross-contamination, especially in shared kitchens or dining environments. This includes using separate utensils and cookware and thoroughly cleaning surfaces.
• Dining Out: Communicating food allergies to restaurant staff and asking detailed questions about food preparation. Some restaurants have allergen-free menus or are trained to handle special dietary needs.
• Education: Educating family members, caregivers, and friends about the food allergies and necessary precautions. This ensures a safe environment both at home and in social settings.

Legal Options

Someone who has experienced a food allergy might need a food allergy lawyer for several reasons, including seeking compensation, ensuring accountability, and navigating the complexities of legal processes. Here are the key reasons why a lawyer can be essential in such situations:

Seeking Compensation

• Medical Expenses: Food allergy reactions can result in significant medical costs, including emergency treatment, hospital stays, medications, and ongoing care. A lawyer can help recover these expenses through a food allergy lawsuit.
• Lost Wages: Severe allergic reactions might require time off work, leading to lost income. A lawyer can seek compensation for these lost wages.
• Pain and Suffering: Beyond financial losses, individuals may experience physical pain and emotional distress. Lawyers can help secure compensation for pain and suffering.

Establishing Liability

• Negligence: A lawyer can investigate whether the allergic reaction was due to negligence, such as improper food labeling, cross-contamination, or failure to disclose allergens in a restaurant.
• Product Liability: If the reaction was caused by a packaged food product, a lawyer can pursue a product liability claim against the manufacturer for failing to ensure the product’s safety.
• Premises Liability: In cases involving restaurants or food establishments, a lawyer can determine if there was a failure to follow proper food handling and preparation protocols, making the establishment liable.

New York Food Allergy Statistics

In New York, 5-13-year-olds make up 23% of food allergy claims, followed by 0-4 and 41-65, with 20% each. Overall, children under 18 make up 52% of all claims.

Out of the top four foods that caused anaphylactic reactions between 2009 and 2016, tree nuts and seeds had the highest percentage.

Get Help Today

Have you or a loved one in New York City been affected by food allergies? You don’t have to navigate this difficult time alone. The Lange Law Firm is committed to helping you achieve the justice and support you deserve. Contact us at (833) 330-3663 or send us a message online to schedule your free consultation. Our experienced team is ready to advocate for your rights and secure the compensation you need. Reach out today and take the first step towards the justice and support you deserve.