Premises LiabilityAllergic Reaction Lawyer

Allergic reaction lawyer, George Patterson pursued a product’s liability claim alleging that the product should have had a warning that disclosed it contained an ingredient that causes allergic reactions. The ingredient was not commonly found in foods, like peanuts such that a consumer would not know of the risk of an allergic reaction simply by the identification of the ingredient on the product.

A product’s liability case for an allergic reaction can be based on several theories. One basis for liability for an allergic reaction is the inclusion of an allergen in a product that is not included on the list of ingredients. This may occur due to improper food handling or cross contamination. A lawyer can then pursue an injury claim for a consumer that suffers an allergic reaction from unknowingly consuming an allergen. Products that contain common known allergens such as peanuts only have to disclose that the product contains the ingredient. Products that contain uncommon ingredients that are known allergens should have warnings to consumers that the product may result in an allergic reaction and to seek immediate medical attention at the first signs of an allergic reaction. This warning is critical to individuals that are highly susceptible to allergic reactions. People that are known to be sensitive to many allergens can then make an informed decision about whether to risk an allergic reaction and to be prepared if an allergic reaction occurs. The severity of an injury from an allergic reaction often depends on the length of time before the person receives medical treatment. The lawyers at Patterson Law have litigated claims involving allergic reactions due to insufficient warnings.

Patterson law represented a client that consumed a health food product that contained an allergen. The allergen was not a common ingredient. Accordingly consumers would not have known that the listed ingredient was a known allergen. The client nearly died because he did not live close to a hospital. By the time an ambulance arrived his throat was nearly closed and emergency personnel repeatedly failed to intubate him because the intubation tubes could no longer fit down his throat. The client was eventually intubated with the smallest tube available to intubate. The client spent nearly a month in the hospital.

Allergic reaction lawyer George Patterson successfully pursued a case against the manufacturer of the product for failing to disclose that it contained known allergens. The product should have contained a warning that it may cause an allergic reaction. A confidential settlement was obtained.

George Patterson obtained a $100,000 settlement for a young student with known nut allergies that was given a nut by a teacher. The student went into anaphylactic shock. An ambulance arrived, administered an epi-pen and transported the child to a hospital. The child was discharged within a day but suffered the fright of a near-death experience.

School systems are required to make certain accommodations for students with severe food allergies. A food allergy that is severe enough to cause anaphylactic shock qualifies the student for protection under the Americans with Disabilities Act. To receive these protections the parents must submit a form completed by the child’s doctor identifying the foods that must be avoided and appropriate substitutes for those foods. Once the school has received this notice they are required to accommodate the child’s dietary requirements.

Allergic reaction Lawyer Maria Patterson had worked as an associate county attorney in the Office of Law for Prince George’s County and is familiar with the notice requirements and claims procedures pertaining to the school system. George Patterson has successfully pursued a school for failing to warn a student with a known nut allergy that a sauce used in a cooking class contained pine nuts. Claims against school systems must comply with tort claims acts that require notification of a claim typically within 180 days. The notification must be made in the proper form, to the proper person and in writing. This should be handled by an attorney.

Please call 301-888-HURT to schedule a free consultation with a Top 100 Maryland Super Lawyer to evaluate your allergic reaction injury claim.