Katelyn Carlson's Family Sues Chinese Restaurant After Girl's Death From Allergy

On the last day before winter break at the selective Edison Regional Gifted Center school in Albany Park, 13-year-old Katelyn Carlson died after going into anaphylactic shock in school. The cause: Chinese food ordered as a celebration for her class.

Now, ABC reports, the Carlson family is suing the restaurant that provided the food, the Chinese Inn in Niles, for using peanuts in its preparation despite explicit requests not to.

According to the lawsuit, Chicago Public Schools officials were aware of Katelyn's acute allergy to peanuts. When teacher Jack Matsumoto ordered from Chinese Inn, he asked to be sure that no peanut products would be used in the food's preparation, the Chicago Tribune writes.

But lab testing on the food after the fact revealed that it did indeed conain trace amounts of peanut products, the Associated Press reported Saturday.

The wrongful death suit, which seeks an undisclosed amount above $100,000 in damages, was filed last Thursday in Cook County Circuit Court. Owners of the Chinese Inn were not available for comment.

Comments

[tsmarlbor]

02:58 AM on 03/22/2011

If they were not used in the preparation or the meal, And they went to a reasonable effort to exclude Peanuts, how could they be responsible..

[pfenixfire]

09:56 AM on 03/22/2011

I'm sure that after losing a child, the parents are just trying to make sense of the situation and are lashing out as a result. We should remember to sympathize with their situation.

However, with an allergy this severe, there is only so much the school, restaurant and the other kids could do to accommodate it. Unfortunately, there is no reasonable way to sterilize the world in order to prevent this kind of thing from happening. I don't believe the parents should get any money in the end, but maybe they can at least get some closure.

[dancingstu]

11:28 AM on 03/22/2011

That's the issue for trial: did the Chinese restaurant make "reasonable efforts" to exclude peanuts from the food after being warned of the danger.  It depends on what the restaurant actually did after it was told about the food allergy.

[joebiteme]

04:45 PM on 03/21/2011

why was taxpayer $$ being used to buy a lunch?? Anyone who has ever eaten Chinese food knows that peanuts, peanut oil is used in all their menu items

[Schneb]

08:39 PM on 03/21/2011

Where does it say that tax payer $$$ was involved? I'm assuming the teacher either paid for it out of pocket or took up a collection (and then made up the difference). I'm assuming that because that's how it works at the school where I teach and the two other schools (all public) where my kids go. Nice stuff like this treat to celebrate some sort of achievement (article doesn't say but that's how I'd do it, if I was involved), is regularly covered by people pitching in--teachers, students, parents, PTSO groups.

[mootown]

08:50 AM on 03/22/2011

Ditto here. My teacher husband could barely get a requisition for a new book filled, let alone ask for a pizza treat for the kids.

[findingthetruth]

10:24 AM on 03/22/2011

Another individual who sincerely do not know what goes on in A classroom. You'd be amazed at the number of teachers (who CANNOT afford this) who pay out of pocket for students' lunches, field trips, supplies, clothes, medicine, etc. Take the time to visit a local school. Get to know some teachers for the year. Find out what they're doing to help our future BEFORE spewing false information.

The point of this article ---- a child died. Stay on target. Perhaps this extreme diagnosis should have been handled differently by both, parents and teacher. ADULTS are responsible for young ones. Regardless of how much time and effort was placed into identifying this child's diagnosis and removing flaws during initial development, it is JUST AS important to follow through for a life time.

Stop the political pitch. If possible, HELP a teacher in a classroom to HELP our children.

[mvdiaz9]

03:11 PM on 03/21/2011

Sad case all around. Despite what people think, the restaurant will likely be left holding the bag with the school shouldering some of the burden. While the kid wasn't 5, she was still a kid. No jury is going to punish this family because her kid ate Chinese food after being told it was safe by her teacher. I sort of feel sorry for the restauranteur, he/she is going to be slammed and surely had no idea the consequences of their ignorance.

[Rebecca Shattuck]

03:25 PM on 03/21/2011

I don't know. Remember when a group of vegetarians and Hindu people sued McDonald's for not disclosing that their fries were made with beef? McDonald's won the suit.

[ninjasrolled]

03:00 PM on 03/21/2011

This is awful. That little girl didn't deserve to die. But for gods sake, be responsible for your allergy. The article says there were "traces" of peanuts. Well, that could mean that a utensil or work surface could have have come into contact with peanuts. If you are THAT allergic, you shouldn't eat food you haven't prepared yourself.

I am allergic to several kinds of nuts, and I take responsibility for it. I am also a waitress, and had a customer give me a bad review on Yelp because when she asked if there were nuts in our kitchen, I warned her that we used different kinds of nuts for many things, and for her to eat there at her own risk depending on the severity of her allergy. You know, it's the same warning put on packages that tell consumers that the facility where the product was created also processes nuts. She was pissed that I put the onus of responsibility on her and gave me a bad review. Yet, if she had eaten there and gotten sick, it would have been my fault. Sheesh.

[Pema]

04:42 PM on 03/21/2011

dang you tried to help her...

[Schneb]

08:41 PM on 03/21/2011

Sounds like she's the nut--the kind that we're all allergic to.

[tsmarlbor]

03:00 AM on 03/22/2011

OMG Someone with personal responsibility, I thought you were Hunted to extinction..

[onwisconsin]

02:45 PM on 03/21/2011

If I recall correctly, this child did have an epipen administered.

[Rebecca Shattuck]

03:26 PM on 03/21/2011

No, one article said the school did not administer it.

[onwisconsin]

04:07 PM on 03/21/2011

see my comment below.

[Becca Heiser]

11:27 AM on 03/21/2011

And another thing, yeah, this was a school for gifted/talented/super smart kids, but speaking as a gifted/talented/super smart kid, I can tell with authority that peer pressure is even worse for smart kids. You already draw attention to yourself for your brains, etc, so you try other things to fit in, including not mentioning your allergies. Food allergies are a pain in the ass and it's a drag for me at 28 to have to tell people about them/inconvenience them/change plans/etc. Think about how badly YOU tried to fit in/not stand out/not draw attention to yourself at 13. The teacher could have told the restaurant about the allergies, the parents could have told her not to eat food she didn't have an ingredient list for, but being 13 sucks, period. I can see her not speaking up for herself out of wanting to fit in and not draw attention to herself despite the possible consequences. Kids are dumb. We have to protect them. I'm sure everyone directly involved did their best, still doesn't negate the fact that the restaurant still used allergens in the cooking.

[Rebecca Shattuck]

03:27 PM on 03/21/2011

They did know she had an allergy, and the teacher let the restaurant know and was assured there would be no peanuts used in the food. Other kids at the school who had peanut allergies did not react. There was only a small trace in the food, so it was probably from cross contamination.

[Motorgoon]

07:28 AM on 03/21/2011

Where was her epippen?

[onwisconsin]

02:46 PM on 03/21/2011

She had it administered.

That, however, has become an issue at some schools that don't allow kids to wear them.

[Rebecca Shattuck]

03:29 PM on 03/21/2011

The school did NOT administer it.

Yes, it has become an issue at schools because schools and teachers don't want to have the liability of having to administer them and do it correctly for fear of being sued. People sue over everything, as evident from this case. I'm sure if the school HAD tried to administer it, they'd be getting sued, too.

The only thing this case will do is cause all restaurants to say they cannot comply with the needs of people with peanut allergies.

[George Slefo]

02:13 AM on 03/21/2011

WHY IN THE WORLD would they order chinese food knowing she is allergic to peanuts?! I'm so shocked a teacher did that. Order a pizza like a normal person what kids celebrate eating chinese food?! Teacher is just as much to blame here, if not more responsible.

[inARCTICulate]

11:49 AM on 03/21/2011

They also COOK with peanut oil.

[Rebecca Shattuck]

03:30 PM on 03/21/2011

Totally agree. If so many of their students have peanut allergies, they should not have ordered Chinese food. It was a stupid choice on the teacher's part, but it was also a stupid choice on the parents part for letting their daughter eat it. If their kid was deathly (DEATHLY!) allergic to peanuts, they should have prepared her food.

[Eric Sandoval]

01:54 AM on 03/21/2011

They have no business suing the restaurant nor the school nor anyone at all. Nobody to blame but this child's parents themselves. I have nut allergies AND because I have multiple sclerosis there is pretty much hardly anything that I can eat at all. I know I can't have normal people food. I cannot eat sugar in any form whatsoever, nor many other things, and nobody is responsible for this but ME. These parents should have taught their kid better and just plain not allowed their child to eat what hasn't been prepared especially for her. I only eat that which I make or my wife makes, period. Why? Because I absolutely have to watch what goes into my body at all times. You never know what's in anything you eat anywhere you go. And besides, how many items do you see at the supermarket that say, "this food was processed in a facility that also processes nuts."? I cannot help but sympathize because i have lost count of how many times I had to go to the E/R because something i ate at some restaurant or party had nuts in it, but when you have a nut allergy, either you learn to discipline yourself and don't just eat any old thing all willy nilly, or you risk dying.... And for what? All because you wanted some tasty yum yums. It is sad and I feel for this child's grieving parents, but they really should've known better.

[Safire]

11:56 AM on 03/21/2011

A. the child was away at school.

B. the school thought it was handled.

C. everybody in the world are not as perfect and brilliant as you are.

D. condolences should stand on their own. Criticism and put-downs do not mix well with condolences.

[Rebecca Shattuck]

03:32 PM on 03/21/2011

But how can you expect family owned restaurants and short-order cooks to be educated on something like a peanut allergy? Should all restaurants have separate pans for it, separate cooking utensils, etc? What about having peanuts in the same room, and the possibility of peanut dust coming in contact with the food? In the end, if you have a deathly allergy, you CANNOT rely on a restaurant to adequately prepare your food.

[romigua]

12:38 PM on 03/21/2011

Wow. This is a bit harsh. As perfect as you are, even you ended up in the ER.

[Safire]

04:37 PM on 03/21/2011

I agree romigua. It was very harsh!

F/F!

[Demgirls]

12:44 AM on 03/21/2011

So sad!

[Rebecca Shattuck]

11:02 PM on 03/20/2011

I agree with most of the people who have commented thus far. I can't imagine losing a child, and I feel for these parents, but the restaurant is not to blame.

If your child has a deadly allergy, then, unfortunately, you need to teach your child not to eat any of the homemade goodies their fellow students bring to school, and you need to prepare their meals at home. You can't expect a restaurant (especially a Chinese restaurant!) to not have any cross-contamination. Unfortunately, the world can't change everything because of your child's food allergies, and I think it's shameful that the school has now declared itself "peanut free." My son doesn't like meat, and peanut butter is an easy source of protein for him. I'd be angry if a school told me I couldn't pack him a peanut butter and jelly sandwich!

[onwisconsin]

02:43 PM on 03/21/2011

Because it's so much more important that your child have a pb&j than a child not accidentally die because of cross contamination!

My nephew is allergic to peanuts as is my 71 year-old father.

There are other things your child can eat. My nephew, until he was old enough to learn not to touch doors, tables, or anywhere other kids had touched (toys, books, etc) was in constant danger.

[Rebecca Shattuck]

03:10 PM on 03/21/2011

You're being extreme, ridiculous, and infringing on other's rights. Another woman commented below that she is deathly allergic to cow's milk. Should cow's milk and cheese and milk products be banned from schools, too? I mean, following your logic, they should. I guess fish and shell fish should be banned, too.

I'm sorry to hear your nephew has a deadly allergy, and I'd be terrified to be a parent of a kid who had a severe peanut allergy. All foods are a danger, I'm sure, and even surfaces and the air. However, if I was a parent of a kid with an allergy so severe, he would not eat food at a restaurant without an epi pen, and he would NEVER eat at a Chinese restaurant. He also wouldn't eat baked goods from other parents. With an allergy that severe, you cannot always trust other parents (and restaurants) that peanuts didn't touch the food while it was being prepared. Peanut allergies are a very sad thing, but the world cannot and should not change because of them.

[LOL1111111]

10:54 PM on 03/20/2011

My mom always carry around an epi-pen in her purse at all times, and you honestly can't expect the world to cater to your allergic needs, so you always have to be prepared, or just be extra precautious and pack your own lunch and food.

[thepoliticalcat]

10:18 PM on 03/20/2011

After the fact, and all that, but there's plenty of scientific evidence to show that peanut allergies can be reversed - by introducing small quantities of peanuts into a child's food (under the supervision of a physician, as the initial doses must be very carefully monitored to ensure no harmful effects). I forget exactly why children develop such allergies, but testing was done on Israeli children and British Jewish children, and Israeli children rarely develop peanut allergies, while the British children had a significantly higher level of allergic response. See Science News at sciencenews.org for more information.

[Rebecca Shattuck]

11:04 PM on 03/20/2011

In that study, they said the Israeli children has a lower incidence of peanut allergy because they were exposed to peanut products at a much younger age than the children in London (I think it was an average of 8 months vs an average of about 2 years).

Some scientists also use the Hygeine Hypothesis to explain peanut allergies. They hypothesize that kids who are kept too clean and sterile and who aren't exposed to many germs have "bored" immune systems that over-react to harmless environmental stimuli like peanuts.

[Jay Hardee]

08:05 PM on 03/20/2011

Of course there are going to be trace amounts of peanuts in food from a Chinese restaurant. Why in the world did they order Chinese food if her allergy was that severe?

[mratcheson]

02:05 AM on 03/21/2011

I'm allergic to MSG, and I've pretty much given up Chinese food altogether. Although I'm certain the people who I've ordered from made sure no MSG was used in cooking my meal, I've broken out in hives after eating food from their restaurant. Like you say, cross contamination is very, very difficult to avoid in a restaurant, and especially in the case of an allergy that results in severe anaphylactic reaction, just using the same utensil when stir frying in two different woks, can have tragic results.

[sushi27]

06:27 PM on 03/20/2011

Why didn't the parents give the teaching staff an epi-pen? When it's a life threatening allergy, the child should never be without an informed adult and proper medication.

[mratcheson]

02:07 AM on 03/21/2011

Good point, I have food allergies, and I always have an epi-pen with me.