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Niles Restaurant Sued After Allergic Girl Dies From Food

The parents of Katelyn Carlson, who had a severe peanut allergy, are bringing a case against the restaurant.

 

Katelyn Carlson, 13, who had a severe allergy to peanuts, died after eating food from Chinese Inn in Niles that her teacher ordered for a class celebration just before winter break, according to the Huffington Post. Now her family is suing the restaurant for wrongful death.

The lawsuit says Carlson's school, the Edison Park Regional Gifted Center in Chicago, explicitly told the restaurant not to include any peanut products in the food because of students' allergies. Lab testing found trace amounts of peanuts in the meal. 

The Chinese Inn is located at 7505 N. Milwaukee Avenue, Niles. 

Do you think the restaurant is to blame, or should severely allergic individuals not eat food from restaurants? Tell us in the comments.

Kubajean

5:36 pm on Monday, March 21, 2011

As tragic as this is, if you know your child is seriously allergic, you should be defensive and provide a meal for the child rather than rely on teacher's knowledge or restaurant. A Chinese kitchen will clearly use nuts and legumes, so to expect it to be completely free is irrational (let alone knowing the processing of all ingredients).

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Arne Asada

6:37 pm on Monday, March 21, 2011

This is bad news... for me. I like this place. I get my Chinese carryout from there. Keep me informed of the situation.

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PAuul

12:10 am on Tuesday, March 22, 2011

NO WAY - if you have a child that has a condition that threatens life you as a parent are at fault for allowing that child to eat anything not prepared at home in your controlled environment. GET REAL!! I feel for the family but wake up ! this is a greed law suit !!

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kj

6:12 am on Tuesday, March 22, 2011

This is a horrific tragedy and I can't imagine the grief this family must be going through, however, I have to agree with previous comments. Focus should be directed at parent's permission and the teacher's decision. Knowing there is a severe allergy, this restaurant should never have been a choice. Even without peanuts in the food, the risk of cross contamination is almost certain becasue of other foods prepared in the same kitchen and Chinese use of peanut oil in most cooking. The risk was far too great from the onset. I would expect to find "trace amount" in any food coming from that kitchen regardless of the steps to avoid it.
To destroy a business and livliehood over this is unjust

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Carmie Callobre

10:49 am on Tuesday, March 22, 2011

I agree. As stated above. peanuts & peanut oil are everywhere in Chinese cuisine. The restaurant should not be held responsible.

This is the same Chinese Inn that's been there for years, wow. Different owners, I'm sure, but we used to get dinner from them in the 70's

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J A Chan

12:22 pm on Tuesday, March 22, 2011

Although I have never eaten at the restaurant, it is the parent's responsibility to teach their child about eating foods that are not prepared at home (especially in light of the allergy). Many restaurants use peanut oil and/or peanut products. Just because its not in the dish you order does not mean its not present . I have watched pizza places use the same cutters on pizza with mushromms on ones that do not have them. Anyone with an allergy would have a problem with that. The parents are just looking to blame someone else and the money.

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Julie Tiu

12:49 pm on Tuesday, March 22, 2011

This is an extremely unfortunate situation, and I would not wish this on either party. Having food allergies in our home, we understand the situation. I would not blame the restaurant. While many establishments are now sensitive to food and dietary restrictions, the onus is still on the individuals or responsible guardians with the food restrictions.

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Nick Laramie

1:17 pm on Tuesday, March 22, 2011

I don't understand how the parents can go after the restaurant and not the school/teacher. I guess more money? But honestly, how much money can a non-chain Chinese restaurant have? They are going to put the owners (and family) out of business! I would think if this was for money, they would be suing the school. I guess it is easier to sue a private party instead of a government controlled entity like public school. What a shame....
The MORON teacher could have ordered something else for the child from another restaurant. Was the teacher really that stupid to say "please don't use peanuts in the Chinese food". How about do some research buddy. That idiot should lose his job for killing that girl.
My thoughts and condolences go out to the girl who died an her family.

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stan pasko

3:07 pm on Thursday, March 24, 2011

This is a great local restraunt, STOP, when are people going to start takeing resonsibility for their own foolish actions.

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Christy Piszkiewicz

11:08 am on Wednesday, March 30, 2011

It is NOT the TEACHERS fault..it is a concern, of course, to educate in an environment free of problems BUT this was a medical situation that was sevre enough for the PARENTS to have handled...I'm so sorry for their loss, it so sad, but it was an accident! Now is the time to revisit the medical problems individuals in families have and TALK and PLAN a course of action to prevent accidents from occuring.

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kj

11:40 am on Wednesday, March 30, 2011

Christy, I disagree. The parents should have been notified by the teacher of a special lunch menu. All the student's parents, not just this girls. Yu have no idea what special diets children may be following for a variety of reasons, even temporary. They should have had to give written consent to have their child participate.
The teacher also should have erred on the side of caustion and chose a different food just to avoid such a mistake from becoming a catastrophic disaster. Food allergies can be extremely severe and not worth the chance.
The family should have had an epi pen on file at schoola nd the school should have had a Dr.'s consent for them to NOT have one on file for their own protection.
This was a msitakem but it was a mistake on many people's parts and yet the restaurant is the fall guy. This is not fair and a legal manuever to up the chances of winning/settlingg by the shallowest of pockets.

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Glenn Posner

10:14 am on Thursday, March 31, 2011

Gosh...as long as we're in the mood to sue....lets sue whomever is responsible for giving the kid this allergy in the first place. I can't hear you......speak up......

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How to Sue

12:53 pm on Tuesday, April 5, 2011

Such a tragedy. You can't even imagine what the parents are going through. But is it really anybody's "fault," especially the restaurant's? If the girl's allergy was that severe you would think there would have to be greater precautions taken... everybody has experienced a mixed up order at a restaurant once in a while. If this is going to cause death, you've got to take some sort of additional care other than placing a "special order."

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Amy

9:39 pm on Thursday, April 19, 2012

The parents are going after the restaurant because the restaurant was told about the severe peanut allergy and disregarded that information! They were contracted to provide a peanut free meal and instead they caused the death of a child. Because we cannot put these business owners in prison for contributing to the death of this child, the only option available in this country is to sue them, and hopefully put them out of business and let it serve as a warning to other business owners.

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Chris

4:30 pm on Sunday, May 6, 2012

Tragedy, I agree. But seriously, why would one order chinese food for children, especially since peanut allergy is very common. The restaurant would have had to use all new cooking pots, pans, and utensils to prevent the trace of peanuts. Leave the restaurant alone, and put blame where it belongs!!!! Parents and school.

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