Justice on a Plate: A Landmark Verdict in Food Allergy Litigation

In our legal system, certain verdicts resonate far beyond the courtroom. Such is the case with a recent landmark jury verdict I received in the realm of food allergy litigation in Massachusetts - A.W. v. Stellar Restaurant Group, Inc. et al. This important decision not only rendered justice to the plaintiff but also underscored the urgent need for heightened awareness and accountability in the food industry.

The case centered on a tragic incident involving a child with a life-threatening peanut allergy who suffered a life-threatening reaction after consuming a burrito from a restaurant that was supposed to be peanut-free. Despite explicit warnings to the staff about the allergy, the burrito contained peanut sauce, leading to a severe allergic reaction that required immediate medical intervention and caused emotional trauma to the child and her family.

The jury found that restaurants have a duty of care to provide safe food for their customers with food allergies and awarded substantial monetary compensation to the plaintiff. The court ordered the defendant to pay the plaintiff’s attorneys’ fees and costs associated with the case. In addition, the court held that interest on a food allergy claim begins to run at the time of the anaphylactic reaction, not when the case is filed which is the custom. This is a first in food allergy litigation in Massachusetts. This watershed moment not only provided solace to the plaintiff and her family but also sent a powerful message to insurance companies to take the claims of the allergic community seriously. It underscores the importance of fostering a culture of empathy and understanding, where the needs of individuals with food allergies are not only recognized but prioritized.

I will continue my fight to make the lives of people with food allergies better and to help shape the laws to protect the food allergy community, hopefully serving justice on every plate.