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Phoenix Food Allergy Litigation

In a food allergy, the immune system incorrectly identifies a specific food or a substance within that food as harmful. This prompts the release of chemicals like histamine, which cause allergic reactions.

Common Food Allergens

The most common food allergens include:

  • Milk
  • Eggs
  • Peanuts
  • Tree nuts (such as almonds, walnuts, and cashews)
  • Fish (such as salmon, tuna, and halibut)
  • Shellfish (such as shrimp, crab, and lobster)
  • Soy
  • Wheat

Symptoms of Food Allergies

Symptoms can vary from mild to severe and can affect different parts of the body. Common symptoms include:

  • abdominal pain
  • diarrhea
  • dizziness or lightheadedness.
  • eczema
  • fainting
  • hives
  • itching or tingling
  • nasal congestion
  • nausea and vomiting
  • swelling
  • trouble breathing
  • wheezing

Anaphylaxis

Anaphylaxis is a severe, potentially life-threatening allergic reaction. Symptoms include:

  • Constriction of the Airways: Causing difficulty breathing.
  • Severe Drop in Blood Pressure: Leading to shock.
  • Rapid or Weak Pulse: Cardiovascular distress.
  • Loss of Consciousness: Fainting or passing out.

Immediate administration of epinephrine (via an auto-injector) and emergency medical attention is crucial.

Which Third Parties Might Be Liable for Someone Experiencing a Food Allergy Reaction?

While people with food allergies typically do their best to avoid whatever thy’re allergic to, sometimes failures happen leading to them having a reaction. Some of the parties who might be responsible for this include:

Restaurant Staff and Management

Restaurant staff and management play a crucial role in preventing food allergy reactions. They might be responsible if they:

  • Fail to Properly Inform Customers: Not providing accurate information about the ingredients and allergens in their dishes.
  • Lack of Precautions: Not taking adequate measures to prevent cross-contamination in the kitchen, such as using separate cooking utensils and preparation areas for allergen-free meals.
  • Ignoring Requests: Disregarding customers’ requests for allergen-free meals or not taking these requests seriously enough to ensure safe food preparation.

Food Manufacturers

Food manufacturers can be held accountable if there are issues with their products that lead to an allergic reaction:

  • Incorrect Labeling: Not listing all ingredients or allergens on the packaging, leading consumers to unknowingly consume allergenic substances.
  • Failure to Disclose Allergens: Not clearly indicating the presence of common allergens in pre-packaged foods, which might then be served at restaurants or establishments.

Event Caterers

Caterers are responsible for providing safe food options at events and might be liable if they:

  • Do Not Clearly Label Foods: Failing to label foods that contain allergens, making it difficult for guests to avoid allergenic ingredients.
  • Fail to Provide Allergen-Free Options: Not offering safe alternatives for guests with known allergies, even after being informed about these dietary needs.

Grocery Stores and Retailers

Retailers selling food products must ensure that these products are safe and properly labeled. They might be responsible if they:

  • Sell Mislabeled Products: Offering products that do not accurately disclose all allergenic ingredients, leading to accidental consumption by allergic individuals.

Phoenix Food Allergy Statistics

In Arizona, the allergens that caused the highest percentage of anaphylactic reactions between 2009 and 2016 were tree nuts and seeds, with 0.0429%, and peanuts, with 0.0331%. For the same years, people under the age of 18 made up 52% of food claims.

The Arizona Department of Health Services reported that undeclared food allergens comprised over half of the recalls put out by the FDA and USDA in 2020.

In February 2024, the FDA released a recall for sandwiches sold by Capitol Distributing. 3,934 sandwiches were recalled due to undeclared sesame in the product, which affected seven states, including Arizona.

Call Us Today

Were you impacted by food allergies because of someone else’s fault? You don’t have to navigate this challenging situation alone. Food allergies caused by another’s negligence can lead to serious health complications, emotional distress, and financial burdens. At The Lange Law Firm, we specialize in handling cases like yours and are here to provide the support and legal expertise you need.

Reach out to The Lange Law Firm at (833) 330-3663 or message us online for a free consultation. Our dedicated team will take the time to listen to your story, understand the impact on your life, and conduct a thorough investigation into the circumstances of your case. We are committed to uncovering the truth and holding the responsible parties accountable. Our goal is to secure the compensation you deserve for medical expenses, lost wages, pain and suffering, and any other damages you have endured. Let us be your trusted ally in this fight for justice and ensure that your rights are protected.