Lawyer: Allergic Girl Died From 'a Lot' of Peanut in Niles Restaurant Food

Katelyn Carlson's parents never knew her teacher was planning to order the Niles restaurant food that killed her, their attorney disclosed. 

Thirteen-year-old Katelyn, who had a peanut allergy, died after eating food from   7505 N. Milwaukee Ave. in Niles, during a class party.

Her father, Michael Carlson Jr., brought a wrongful death lawsuit against the Chinese Inn late last week. The restaurant's owners have not responded to Patch's requests for an interview. 

Seventh-grade teacher Jack Matsumoto at Edison Regional Gifted Center in Chicago ordered the food for the event and instructed the Chinese Inn not to use any peanut products in preparing the dishes, according to the lawsuit. 

"The family had no input into this. This was a seventh-grade teacher who was throwing a party for students the day before Christmas vacation," said Gil Ross, the Carlsons' attorney. 

"The first time the family had knowledge of this was when the disaster occurred," Ross added.

Teacher ordered food

When Matsumoto phoned the Chinese Inn to order the food for the Dec. 17 party, he spoke to an employee named Judy, according to the lawsuit. 

"It's our understanding that when the teacher placed the order, he explained they had a student with a food allergy and that none of the food that was to be delivered could have any peanuts or peanut products," explained Ross, a partner with Sussman Selig and Ross in Chicago.

As far as whether the restaurant understood the instructions and the severity of the allergy, including that a child's life could be at stake, Ross said, "We're going to find out."

School knew of allergy

The school, for its part, was aware of the allergy, said Monique Bond, a spokeswoman for the Chicago Public Schools, because it had a health form called a 504 plan on file for Katelyn that gave details on her health status.

Bond said the teacher had ordered food from the Chinese Inn in the past for similar end-of-semester parties before winter break.

This year, however, after Katelyn ate the Chinese Inn food, she developed a reaction and a school nurse administered Benadryl, Ross said. Her 504 health form called for Benadryl, an antihistamine used to counter allergic reactions, to be used in such cases.

Lab tests find peanut

But the Benadryl was no match for the quantity of allergen in the food, Ross said. 

"There was a huge amount of peanut product in the food," he noted.

The food was tested by two laboratories--the Cook County Medical Examiner's Office and the University of Nebraska food testing lab--with experience in this kind of testing, the attorney added. 

When asked whether the family considered suing the school or teacher, Ross said, "At this time we believe the only appropriate defendant would be the restaurant."

Three attempts to contact owners

This reporter visited the Chinese Inn on Tuesday and Judy, the employee mentioned in the lawsuit, said the owners sometimes come to the restaurant for its 9 p.m. closing. When the reporter returned Wednesday at 8:45 p.m., they were not there and Judy said they "sometimes" come on Sundays.

On Thursday, she said they have not responded because they do not speak English very well.

A steady stream of customers came into the Chinese Inn on Tuesday afternoon. Tom Surace, a Niles resident and former village employee who was having lunch, said, "I like it because it's clean--in the back, in the kitchen. Our (Village of Niles) inspector always notes that.

"This is the second generation in the [Chinese Inn owners']) family," he said, adding his family has patronized the restaurant since 1966. 

The restaurant displays on its storefront window a March 13, 2003, letter from Dwight Roepenack, the village's health inspector. It's addressed to the restaurant owner, Mr. Xiang Zhong Mei, and reads: 

"I wish to take a moment to recognize and compliment you and your staff for maintaining an old facility to the best of your ability. When I inspected your operation on Jan. 22, 2003, I was unexpectedly surprised with your new paint and especially the clean environment including the floors under the ovens, which I know takes a real effort to maintain.

"I appreciate the cooperation and obvious dedication to high standards in good food handling practices and wish to thank you for operating your store in Niles with quality employees and practices."