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In April 2024, a teen boy attended an awards banquet for his high school sports team. The teen knew he had a severe egg allergy, so when offered dessert, he opted for a cake that was labeled as vegan. (Vegan foods are plant-based and do not contain meat or animal by-products, including dairy, eggs, or honey.)
After a few bites, the teen began suffering a severe allergic reaction, including violent vomiting, shortness of breath, and facial swelling. He used his EpiPen, which saved his life, and was then rushed by ambulance to the nearest hospital, where his condition worsened and required more treatment.
Once the teen fully recovered from the incident, his parents contacted our experienced Texas child injury lawyers at The Button Law Firm. We held the catering company accountable for negligently mislabeling a cake as vegan when it was not. With our help, the teen and his family received compensation to cover his medical bills and make up for his traumatic experience, which helped them move forward.
How Was the Teen’s Severe Allergic Reaction Caused by a Mislabeled Cake?
At the banquet, the catering company labeled a cake as a vegan dessert option, meaning it should not have contained any dairy, eggs, or honey. However, on the catering company’s website, the cake’s description noted that eggs were used in the batter, making it a non-vegan dessert option. This was a critical error because the teen, with a known allergy to eggs, selected the cake with the understanding that it was egg-free.
A sample of the cake was even sent to the University of Nebraska Institute of Agriculture and Natural Resources FARRP Analytical Laboratory, where it tested positive for the presence of egg protein. Thus, confirming the cake was not vegan.
The catering company put the teen and others with severe allergies at risk for failing to properly label the cake and identify its ingredients, such as eggs, which are a common allergen.
How Did The Button Law Firm Get Justice for the Plano Teen and His Family?
Sadly, the day was ruined for the teen, who looked forward to receiving an award at the banquet. The entire incident occurred before the awards ceremony began, so the teen was forced to miss the anticipated moment; instead, he was being treated on the scene by the local fire department and then rushed to the emergency room of a nearby children’s hospital.
At the hospital, the teen’s reaction worsened as his body developed hives, redness, and became itchy. He was diagnosed with anaphylaxis and given several prescription medications, including a new EpiPen.
After his initial treatment, the teen experienced difficulty breathing and developed sinus congestion. His pediatrician prescribed more antibiotics. He also had to visit an allergist, who diagnosed him with unresolved sinusitis as a result of his allergic reaction. He had to start a frequent treatment routine to help improve his ability to breathe.
All of his subsequent medical conditions, spurred by the allergic reaction, had a negative impact on his daily life, including his competitive swimming. The ongoing congestion and difficulty breathing made him unable to cut time off his records or achieve his personal best.
The teen also became extremely self-conscious after violently vomiting and suffering a severe allergic reaction in front of a large room of his teammates and their families. He even dreaded eating out with friends, while on vacation with his family, or at his own home, where no eggs were present, because he was afraid of eating something with eggs being mislabeled.
Thankfully, our child injury lawyers at The Button Law Firm fought to hold the catering company accountable for the teen and his family. We secured damages that compensated the family for the teen’s medical bills, subsequent health conditions that developed from the severe reaction, and the traumatic experience that he suffered. With our help, the teen and his family were able to move forward.
If Your Child Suffered a Severe Allergic Reaction Because of a Mislabeled Food, Contact The Button Law Firm.
Our experienced child injury lawyers at The Button Law Firm are here to help if your child suffered a severe allergic reaction caused by mislabeled food or a misrepresented food item. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at [email protected], or fill out a contact form for a free case evaluation.
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