Parents sue Whole Foods after they say son had a life-threatening reaction to pizza
A child went into “extreme” anaphylactic shock after taking three bites of a Whole Foods pizza that was supposed to be dairy-free, a new lawsuit filed against the supermarket chain says.
When the boy’s mother ordered the pizza without dairy from a Whole Foods in Clearwater in May 2022, she explained her son has a severe food allergy, according to a complaint filed Nov. 22 in Pinellas County.
She told a store employee “that the pizza had to be prepared without any dairy ingredients and that no dairy products could come into contact with the pizza, the preparation supplies, the (preparation) surfaces, or its packaging during preparation,” the complaint says.
A store employee is accused of promising her that the pizza had no dairy and was prepared away from dairy products, according to the complaint.
She brought the pizza home, then her child had a severe allergic reaction to eating it, the complaint says.
“(She) immediately applied an epi pen to provide relief from” his anaphylactic shock symptoms and “called an ambulance,” according to the complaint.
Her son was taken to Mease Countryside Hospital in nearby Safety Harbor, where he stayed overnight and was treated for life-threatening symptoms, the complaint says.
Now, the boy’s parents are suing Whole Foods Market for negligence, the complaint shows. They are seeking more than $50,000 in damages.
Whole Foods declined McClatchy News’ request for comment on Dec. 2, as the company doesn’t comment on pending litigation, a spokesperson said.
When the boy was being taken to the hospital, his mother contacted the Whole Foods staff member who told her the pizza was dairy-free, according to the complaint.
“Shockingly, the Whole Foods staff member, who upon information and belief was the manager of the prepared foods department, stated that the pizza was prepared ‘half dairy-free’ and ‘half dairy,’” the complaint says.
The woman learned half of the pizza had a “dairy cheese product,” according to the complaint.
“There was nothing separating the dairy free and the dairy side of the pizza,” the complaint says.
This wasn’t the first time she ordered a dairy-free pizza and explained her son’s serious dairy allergy to staff at the Whole Foods in Clearwater, according to the complaint.
“To this day, (her son) remains fearful of food ingestion and distrusts assurances he receives from restaurant staff that prepared food is safe for his consumption,” the complaint says.
The boy was left with “psychological harm” and “permanent physical injuries” from his severe allergic reaction caused by the pizza, according to the complaint.
His parent’s lawsuit demands a jury trial.
More on anaphylactic shock
Anaphylactic shock can be fatal if someone doesn’t receive immediate treatment, according to the Cleveland Clinic.
Food allergies are one of the top triggers for anaphylaxis, which can cause trouble breathing and swallowing, skin swelling, a rash, nausea, vomiting and more symptoms.
“The only treatment for anaphylaxis is epinephrine, which comes as a shot you inject into your thigh,” the Cleveland Clinic says.
An EpiPen — which the lawsuit says was given to the boy by his mother before he was taken to the hospital — is a brand of a device that can give epinephrine to someone who needs it.
The Cleveland Clinic urges people to seek emergency medical care even after someone in anaphylactic shock receives epinephrine.
This story was originally published December 2, 2024 at 3:23 PM with the headline "Parents sue Whole Foods after they say son had a life-threatening reaction to pizza."
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