Cookie Lawsuit

9 replies [Last post]
By Jana R on Thu, 12-21-06, 17:49

Just wondering if anyone has any more information about this lawsuit:
[url="http://www.saljournal.com/?module=displaystory&story_id=6734&format=html"]http://www.saljournal.com/?module=displaystory&story_id=6734&format=html[/url]
Lawsuit brought against mall cookie shop
Tuesday, December 06, 2005 11:43 am

Parents say their daughter had serious allergic reaction

By STAFF REPORTER
Salina Journal

The parents of a Salina girl are suing the corporate owner of the Great American Cookie Co. store in Central Mall, claiming their daughter suffered a severe allergic reaction three years ago to a peanut butter cookie purchased from the store.

The lawsuit brought by Jon Gwin, the father of 12-year-old Sierra Gwin, is seeking a sum in excess of $75,000 and a civil penalty not exceeding $10,000. The suit was filed by the GwinsÂ’ attorney, Julie McKenna, of the McKenna Law Office, 114 S. Seventh, in late November.

The suit alleges that on Nov. 27, 2002, that Sierra, then 9, was with her mother and her siblings at the mall and her mother bought several cookies. Sierra started eating her cookie on the drive home and became ill, suffering severe stomach cramps and difficulty breathing. She received medical treatment at the emergency room of Salina Regional Health Center.

[url="http://www.saljournal.com/?module=displaystory&story_id=8868&format=html"]http://www.saljournal.com/?module=displaystory&story_id=8868&format=html[/url]
Cookie suit settled
Monday, November 27, 2006 04:45 pm

Judge approves $1,700 settlement

By DAVID CLOUSTON
Salina Journal

The corporate owners of the Great American Cookie Co. store in Salina's Central Mall have agreed to pay $1,700 to settle a lawsuit involving a Salina girl who had an allergic reaction to a peanut butter cookie.

A Saline County district judge approved the settlement agreement last week concerning Sierra Gwin. The suit alleged that on Nov. 27, 2002, Sierra, then 9, suffered severe stomach cramps and breathing difficulties on the drive home from the mall after she ate a cookie from the store. She was treated in the emergency room at Salina Regional Health Center.

I also found this but it appears to be a different lawsuit they were involved in.
[url="http://www.kscourts.org/CA10/cases/2002/07/00-3315.htm"]http://www.kscourts.org/CA10/cases/2002/07/00-3315.htm[/url]

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Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

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Jana

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By erik on Thu, 12-21-06, 19:12

Yes, wondering what happened here. Did they know that they were buying a peanut butter cookie? Or did they ask for a differenmt type of cookie and received peanut butter in error?

Although the place sounds off limits to me if they bake peanut butter cookies due to cross contamination issues.

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*Addicted*

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By JenniferKSwan on Thu, 12-21-06, 19:50

Well this puts PA in a bad light, if you ask me (and thankfully no one is). If you know you have a child with a peanut allergy, would you risk their life with baked goods? Guess I spend too much time reading on the internet and the fine print...

Now, if the clerk had said they don't sell anything with nuts (not that I would believe your average clerk without writing from corporate) and gave you a peanut butter cookie...maybe I would want to be reimbursed for medical expenses. Maybe.

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Mommy to Aiden (1/26/05) PA,TNA, wheat,barley,milk,egg, and pea and Connor (7/21/06) with no allergies

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By jtolpin on Thu, 12-21-06, 20:52

Quote:Originally posted by JenniferKSwan:
If you know you have a child with a peanut allergy, would you risk their life with baked goods?

I don't think that's a very fair statement.

Ann (DW) could eat PLENTY of baked goods from outside bakerys. Bagels, muffins, etc.. We went to Honey Donuts the other day, and she got an english muffin. To me, THAT is baked goods, right? She didnt even THINK about asking.

But maybe its different for adults, who can make their own choices...

Caitlins situation is different than most here (some would even say 'unique').

But come on -- Isn't saying that statement 'about risking life' a little far-fetched? Over the top, even? Some would DARE say 'Paranoid'.

Jason

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[b]* Obsessed * [/b]

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By Jimmy's mom on Thu, 12-21-06, 22:37

Did they know the child was allergic? This could have been her first reaction. Or maybe they asked for a different kind of cookie, as was mentioned before. And not all parents of PA kids are as well educated as those of us here. I know I wasn't at first.

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By Adele on Thu, 12-21-06, 23:05

I am not in favor of frivilous law suits. BUT......

Perhaps the child's allergist failed to inform the parents about the dangers of bakery items. We read posts all the time from new members whose allergist failed to warn them of the dangers....of prescribe epi-pens.

In addition, the place that sold the cookies will probably be more careful....and perhaps (do you think?) will inform the employees about the dangers of food allergies???

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By JenniferKSwan on Thu, 12-21-06, 23:46

You are right Jason. I chose my words poorly. The whole thing just made me mad and I was dealing with too much to reply properly.

As far as suing because you didn't know your child has PA - ummm, that to me falls in the live and learn category. Unfortunate, but is it their fault that your child has PA? No.

If their allergist didn't convey how dangerous eating at places like this, you complain (not sue) to the allergist for not properly informing you.

If the clerk says we don't have nuts or the cookie should be safe - do you take them at face value? I mean, even before I started learning about PA on sites such as this, I got the willies over the thought of a nut touching whatever my child ate. The allergist prescribed an epi-pen...this is serious. Maybe I'm unique.

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Mommy to Aiden (1/26/05) PA,TNA, wheat,barley,milk,egg, and pea and Connor (7/21/06) with no allergies

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Mommy to Aiden (1/26/05) PA,TNA, wheat,barley,milk,egg, and pea and Connor (7/21/06) with no allergies

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By bethc on Fri, 12-22-06, 02:50

Actually, Jennifer, I don't think it's over the top at all to say that eating foods from a bakery is risking your life when you're PA. It depends what they make at the particular bakery, but most have loose, chopped peanuts scattered on doughnuts. Certainly it's risky to eat cookies from cookie vendors that make peanut butter cookies, too. But not everyone learns that the easy way, by someone telling them before they end up in the hospital from trying it.

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By NicoleinNH on Mon, 12-25-06, 04:46

I didn't think JenniferKSwan's words were "over the top" or "paranoid". It is a reality when you have a child allergic to peanuts, at least in my experience. I don't blindly purchase any baked goods. I would not purchase an English Muffin at a bakery and not ask about it for my 5 yr old. I think it is very different for an adult to make that decision for herself. I used to buy Munchkins at Dunkin Donuts (glazed plain ones only) until they started serving peanut butter cookies there. Now they have posted a warning saying everything in the store may be contaminated. I think their warning is accurate--the cookies are handled by many different clerks who then handle everything else in the shop.

My sister owns a franchised cookie shop and the previous owner used to tell parents the sugar cookies were "fine" and didn't contain peanuts. Maybe that is what happened in this instance. My sister, watching what her niece has experienced, is very allergy-aware and tells parents that the sugar cookies most definitely contain traces of peanut as the same mixer is used--they sterilize it in between batches, but she said that is not 100%.

There must be more to the story/law suit (???). I'm guessing the mother asked and the clerk said the cookies were OK. I don't know how else this could be the fault of the cookie company.

I guess I am paranoid...we don't trust any bakeries with peanut products. Ice cream parlors the same...

NicoleinNH

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By PA&TNA allergy mom on Wed, 01-03-07, 05:38

DITTO! One of the Subways here has started serving peanut butter sandwiches--not sure if all of the other ones in our area are, but that is it for Subway. No way! Certainly no bakeries for my 3 PA/TNA children.

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Stacie - Mother to:
11 yr. PA
8 yr. TNA
3 yr. PA&TNA

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11 yr. PA
8 yr. TNA
3 yr. PA&TNA

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