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Milk allergy death- should the book be thrown at the staff involved?

1000 replies

mids2019 · 13/08/2024 19:07

....or if you are minimum wage staff member working in a stressed environment without English as a first language there should be leniency. Doctors are paid for life and death decisions but are Costa staff?

OP posts:
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Simonjt · 13/08/2024 19:43

Notwhatuwanttohear · 13/08/2024 19:42

Surely if your child had such a severe allergy you would try it before they did as although you asked you can never be sure what is served.

How would you detect dairy milk powder, rather than soya milk powder in the hot chocolate mix?

Bellsandthistle · 13/08/2024 19:44

Mostlyoblivious · 13/08/2024 19:39

So the general logic I’m reading here is if you have a food allergy you shouldn’t eat out and if you die then you’re to blame..?

If you have a severe and fatal allergy, the onus is ultimately on you to ensure what you eat is safe. Ordering from a place that primarily serves milk-based products when you have a severe milk allergy is ridiculous, I’m sorry.

Bellamari · 13/08/2024 19:44

mids2019 · 13/08/2024 19:14

You are putting a lot of responsibility on someone serving coffee.

In some places if you disclose an allergy the server goes and brings someone who is qualified in food safety to serve you. It’s much safer for both the business and the customer.

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Changingplace · 13/08/2024 19:44

MumChp · 13/08/2024 19:13

How come your child had a deathly known allergy and you choose to buy her a drink in a setting like Costa?

I have severe food allergies but won't die by miscommunication but serious? The mum is nuts here although I am sorry for her loss.

Edited

I agree, this case is absolutely tragic but I can’t understand why anyone with such a severe allergy would buy a drink like hot chocolate from a place like Costa.

TemuSpecialBuy · 13/08/2024 19:45

The bit i find INSANE to the point there MUST be missing info is the mother was offered an epipen by the dentist after her daughter got sick and said No and then wandered off to find anti histamine

I have children with allergies and cannot imagine turning down an epipen in these circs...

Simonjt · 13/08/2024 19:45

Changingplace · 13/08/2024 19:44

I agree, this case is absolutely tragic but I can’t understand why anyone with such a severe allergy would buy a drink like hot chocolate from a place like Costa.

Because they serve dairy free hot chocolate.

mids2019 · 13/08/2024 19:46

I wonder how much the barrista is allowed to remain silent during examination legally. Putting milk in a drink after being informed of a dairy allergy really does seem negligent but if language was a problem then there needs to a spotlight thrown in recruitment.

OP posts:
bergamotorange · 13/08/2024 19:46

Bellsandthistle · 13/08/2024 19:44

If you have a severe and fatal allergy, the onus is ultimately on you to ensure what you eat is safe. Ordering from a place that primarily serves milk-based products when you have a severe milk allergy is ridiculous, I’m sorry.

Not in law it isn't.

Companies have a legal duty to tell people what is in their food and drink, quite rightly.

Allergies are on the rise, including later-onset allergies, companies need to follow the law.

Mostlyoblivious · 13/08/2024 19:46

Bellsandthistle · 13/08/2024 19:44

If you have a severe and fatal allergy, the onus is ultimately on you to ensure what you eat is safe. Ordering from a place that primarily serves milk-based products when you have a severe milk allergy is ridiculous, I’m sorry.

I appreciate your remorse.

Now, where does the disability act come in to this? Discrimination?

soupfiend · 13/08/2024 19:46

Mostlyoblivious · 13/08/2024 19:39

So the general logic I’m reading here is if you have a food allergy you shouldn’t eat out and if you die then you’re to blame..?

You can eat out but you're increasing the risk of an accident and food intake being outside of your control

Restaurants, cafes, tea rooms, bistros, drive thrus, whatever they are are designed for the masses, they are designed for what works for the majority of the customer base, therefore there is always going to be a higher risk that the specialties and exemptions for someone with exceptional needs wont be carried out correctly. Its not on purpose, its not negligent, its just a fact that its more likely to go wrong.

Simonjt · 13/08/2024 19:46

TemuSpecialBuy · 13/08/2024 19:45

The bit i find INSANE to the point there MUST be missing info is the mother was offered an epipen by the dentist after her daughter got sick and said No and then wandered off to find anti histamine

I have children with allergies and cannot imagine turning down an epipen in these circs...

Lots of allergies are fairly mild and can suddenly become life threatening, its quite common but unfortunately information about this still isn’t being shared by GPs or allergy clinics.

EternalSunshine19 · 13/08/2024 19:47

The staff member told the mother there was milk in the chocolate and the mother said "thats fine". Even if the drink was made with soya milk, the daughter would still have had a reaction.

Sethera · 13/08/2024 19:47

taxguru · 13/08/2024 19:21

I'll go against the grain here. I think that either Costa or the server ARE to blame and need to face the consequences. It's either poor staff training, i.e. Costa's fault, or incompetence (the server's fault). People should be free to order/buy stuff from cafes/shops etc and place reliance on food labelling being right (including labelling of wholesale/bulk items read by staff), and/or place reliance on the staff being responsible/competent when told about an allergy. Staff dealing directly with customers should be competent in the home language of the country they're working in. Fair enough if it was, say, an Italian trying to tell a British speaking waiter in a cafe - it is a little stupid when there's a language barrier. But in a UK cafe/shop, I feel it incumbent on the cafe/shop to have English speaking staff available to step in when another member of staff can't understand what the customer is saying/asking.

I agree.

MeowCatPleaseMeowBack · 13/08/2024 19:47

MumChp · 13/08/2024 19:23

You can't ban milk products from a whole school. Or?

Sorry, I'm not sure what you're asking?

MumChp · 13/08/2024 19:48

ClearingClearing · 13/08/2024 19:34

i have no idea for sure if Costa have different machines for different milks to avoid cross contamination. However the article said the mum asked for the wand to be extra cleaned so I suspect they don’t have different machines and the mum knew this.

my Dd has coeliac disease and since Starbucks started using oat milk a lot of coeliacs won’t use Starbucks anymore because of the risk of cross contamination from the oat milk. Blasting hot steam through the wand will not always remove all particles I guess. And these are people who aren’t going to die from cross contamination but still don’t want to take the small risk of being sick. Which i understand.

so to me it seems wild that someone with such a bad allergy would take such a risk. I wonder if she’d never had such a bad reaction before and if they hadn’t realised it could be so bad. The article I read said the mum had told the staff about her daughter’s intolerance. Not sure if that was the mums language or the newspaper. Because it was more than an intolerance! But maybe previous reactions had been more along intolerance lines?

Probably not a reaction that bad but the mother did not seek appropriate medical help for the daughter which seems incomprehensible (and stupid).

Josette77 · 13/08/2024 19:48

Mostlyoblivious · 13/08/2024 19:39

So the general logic I’m reading here is if you have a food allergy you shouldn’t eat out and if you die then you’re to blame..?

I hae celiac and the last two times I've ingested wheat I've gotten dizzy and almost passed out.

I have a doctor appointment this week to ask for an epi pen. It's too scary otherwise.

It doesn't sound like this was a life threatening allergy prior or she would have an epipen already and would not have rejected the one at the dentist.

BogRollBOGOF · 13/08/2024 19:48

I have a low tolerance to dairy (too much just fast-tracks through my digestive system, unpleasant but not dangerous like an allergy). Hot chocolate more often contains some degree of cows milk than not and if I was dealing with an allergy (as I had to in DS's allergy days when he was young) I would be proactive and meticulous about checking that hot chocolate does nor contain it. The risks of being exposed to milk through the product itself or contamination through the process is very high in that environment.

Serving staff often don't know what'a in products beyond the allergen lists either, especially in chains.

CJFJ1 · 13/08/2024 19:48

TemuSpecialBuy · 13/08/2024 19:45

The bit i find INSANE to the point there MUST be missing info is the mother was offered an epipen by the dentist after her daughter got sick and said No and then wandered off to find anti histamine

I have children with allergies and cannot imagine turning down an epipen in these circs...

I agree. I don't understand this either. Granted, it's not the same as being at a GP or hospital, but they were at a dentist - I would feel more reassured seeking help there, than leaving to go and ask for advice at a chemist.

RedHelenB · 13/08/2024 19:48

UpUpUpU · 13/08/2024 19:17

This is very odd. I don’t understand the bit in the article about there being milk in the chocolate and someone, presumable mum, saying it was fine?

I also don’t understand why she was buying hot chocolate on the way to the dentist?

Very sad loss.

I'd expect hot chocolate to have milk in it. Seems an odd purchase for someone with such a severe dairy allergy.

diddl · 13/08/2024 19:49

Akter told the court she had repeated Duyile’s request that the jug be washed and also pointed out that hot chocolate is made from milk. She said Duyile replied: “That’s fine”.

Can anyone else make sense of that?

Also that the mother asked for soy milk & that the equipment be cleaned.

Honestly if the allergy was that bad I'd be wanting separate equipment I think!

MouseofCommons · 13/08/2024 19:49

S00LA · 13/08/2024 19:41

They were offered an Epi pen at the dentists, which could have saved the child’s life. But the mother refused and left.

Bloody hell 🤯, why on earth did the mum not jab her?! I wonder if she'd received properly allergy training?

That poor girl needed an epi-pen and ambulance within seconds of the reaction starting. It's always better to over use an epi-pen (two jabs, 10 mins apart) than leave it too late, the hospital takes over after that.

NalafromtheLionKing · 13/08/2024 19:49

It is a heartbreaking situation but I think the mother’s actions were more to blame than those of the barista.

If you had a child with a life threatening allergy, would you take them to get a hot chocolate (albeit soya based) at a milk based coffee chain? And then rely upon a staff member who clearly had very limited English and didn’t really understand the allergy/importance?

Muthaofcats · 13/08/2024 19:49

It’s a tragedy but I don’t understand why people with an allergy this serious would ever take the risk… is it complacency ? It’s just not worth it. It’s so so easy for drinks to get mixed up or someone make a mistake. Why risk your life ?

I also wondered why they left the dentist, surely the dentist would have medical training and be best placed to have helped?
Perhaps they had no real sense of the danger and it’s why it’s such a shock. Such a tragic waste.

Inlaw · 13/08/2024 19:50

I once served a fish soup to someone with a shellfish allergy. In my defence it was served to me by the kitchen for that table and looked identical to a tomato soup.

They even sent it back to double check, and I took it back to the kitchen who resent it out as tomato.

They did end up in hospital. Thankfully alive. The Costa team member must feel awful 😢 I did and it wasn’t even really my fault.

MillieMilliner · 13/08/2024 19:50

Sparklesandbeer · 13/08/2024 19:22

The staff member needed an interpreter at trial ffs

That doesn't necessarily mean weak English. I am fluent, I would still probably accept interpreter because I don't know legal terms. When legalese hits even natives can get confused if they are not familiar.

Exactly, you are entitled to an interpreter if English isn’t your first language.

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