Patrick Oconnell
In 2016, Panera was sued by a Massachusetts family after their daughter, who has a peanut allergy, was served a grilled cheese sandwich with peanut butter in it. The incident, which took place in January of that year, resulted in the girl having an allergic reaction and being hospitalized. The family alleged that the restaurant acted negligently and that an employee had knowingly put peanut butter in the sandwich, despite the mother specifying twice in the online order that the child had a peanut allergy. This incident sparked a debate about the responsibility of restaurants in accommodating customers with food allergies and the potential consequences of failing to do so.
| Characteristics | Values |
|---|---|
| Date of Incident | 28 January 2016 |
| Location | Natick, Massachusetts |
| People Involved | John Russo, Elissa Russo, A.R. (their daughter) |
| Defendant | Panera Bread |
| Allegation | Served a grilled cheese sandwich with peanut butter to a child with a peanut allergy |
| Outcome | Settled out of court |
| Similar Incidents | Wayland, Massachusetts (owned by the same franchisee) |
| Response | Panera manager blamed the incident on a "language issue" |
| Lawsuit Claims | Negligence, assault, battery, infliction of emotional distress |
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What You'll Learn
A Massachusetts family sued Panera in 2016
The family's lawsuit alleges that the restaurant acted with negligence when an employee knowingly put peanut butter in the sandwich, despite being informed of the child's allergy. The girl, identified by the initials A.R. in documents, ate part of the sandwich before realizing it contained peanut butter. She experienced vomiting, diarrhea, and hives and had to be hospitalized overnight, receiving a shot of epinephrine to treat her symptoms. The lawsuit also mentions a nearly identical incident at another Panera restaurant in Wayland, Massachusetts, owned by the same franchise group, where a child with a peanut allergy ordered a grilled cheese sandwich and suffered an anaphylactic reaction.
The Russo family's lawyer, Mary Vargas, argued that the case was not about cross-contamination but rather the significant amount of peanut butter intentionally put on the sandwich. She emphasized that the case should serve as a warning to restaurants and their corporate owners about their obligations to individuals with food allergies. The judge, William Ritter, agreed that there was enough evidence to send the case to trial, noting that Panera, LLC creates allergy policies at the national level and is responsible for the online ordering system through which the order was made.
The outcome of the trial is unknown to the public as of my last update in October 2023. However, an update from Allergic Living in July 2022 states that Panera and the complainants have "resolved their differences," with no further details released. This incident and the subsequent lawsuit highlight the importance of restaurants taking food allergies seriously and the potential consequences of neglecting their obligations to accommodate such allergies.
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The child suffered an allergic reaction and was hospitalised
In January 2016, a six-year-old girl suffered an allergic reaction and was hospitalised after eating a grilled cheese sandwich from Panera Bread in Natick, Massachusetts. The child, identified by the initials A.R., had a documented peanut allergy, which her mother, Elissa Russo, noted in two separate locations when placing the order online. Despite these instructions, the sandwich was prepared with a "significant glob of peanut butter", according to the civil lawsuit filed by the family.
The child ate part of the sandwich before realising it contained peanut butter. She soon exhibited symptoms of an allergic reaction, including vomiting and diarrhoea. Her parents immediately called their paediatrician, and as her mother rushed to the phone, the girl began to panic, repeatedly asking, "Am I going to die?". The doctor advised the administration of Benadryl, as there were no serious symptoms at the time. However, her condition worsened, and she was taken to the hospital, where she was treated for anaphylaxis.
At the hospital, the girl was given a shot of epinephrine to counteract the allergic reaction. She also broke out in hives all over her body, a common symptom of an allergic reaction. Due to the severity of her symptoms, she was kept overnight in the hospital for observation and further treatment. This incident highlights the importance of adhering to allergy warnings and taking the necessary precautions when preparing food for individuals with allergies.
The family filed a lawsuit against Panera Bread, alleging negligence, assault, and battery, as well as infliction of emotional distress. They argued that the restaurant acted negligently when an employee knowingly put peanut butter in the sandwich, despite the clear instructions provided during the ordering process. The lawsuit also mentioned a similar incident that occurred at a Panera Bread restaurant in Wayland, Massachusetts, owned by the same franchise group, where a child with a peanut allergy ordered a grilled cheese sandwich and suffered an anaphylactic reaction requiring hospitalisation.
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The family alleged negligence, assault and battery
The family of a six-year-old girl with a peanut allergy sued Panera, alleging negligence, assault and battery, and infliction of emotional distress. The lawsuit claimed that the restaurant acted negligently and was "unfair and deceptive" by knowingly putting peanut butter in the girl's grilled cheese sandwich, despite her mother specifying twice in the online order that her daughter had a severe peanut allergy.
The incident, which took place on January 28, 2016, resulted in the girl having an allergic reaction and requiring hospitalization. The family's lawsuit stated that the girl ate part of the sandwich before realizing it contained peanut butter, after which she vomited and had diarrhea. She was taken to the hospital, where she was treated with epinephrine and kept overnight. The lawsuit also mentioned a similar incident that occurred a month later at another Panera restaurant owned by the same franchise group, where a child with a peanut allergy was served a grilled cheese sandwich with peanut butter, suffering an anaphylactic reaction.
The family's lawyer, Mary Vargas, argued that this was not a case of cross-contamination, as stated in Panera's disclaimer, but rather a direct result of the restaurant's negligence. She emphasized the significant amount of peanut butter on the sandwich, indicating intentional action. The judge allowed the claims of assault and battery to proceed, noting that Panera, LLC creates allergy policies at the national level and is responsible for the online ordering system used in the case.
The family sought accountability and justice for the trauma and medical bills incurred due to the incident. They believed that Panera was responsible for ensuring its employees understood orders, regardless of their English proficiency. The outcome of the lawsuit is not publicly available, but an update in July 2022 mentioned that Panera and the complainants had "resolved their differences."
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Panera claimed it was a language issue
In January 2016, a Massachusetts family filed a lawsuit against Panera, alleging that the restaurant acted negligently when an employee knowingly put peanut butter in their daughter's grilled cheese sandwich. The child in question had a severe peanut allergy, which her mother, Elissa Russo, noted in two separate locations when placing the order online. Despite these warnings, the sandwich was prepared with a significant amount of peanut butter, leading to a severe allergic reaction that required hospitalization.
In response to the incident, Panera claimed that it was a "language issue". The manager of the Natick, Massachusetts restaurant asserted that an employee with limited English proficiency likely read the request and misunderstood it. This explanation was met with skepticism by the Russo family and the public, who questioned the hiring of employees with inadequate language skills for such a critical role. The lawsuit also mentioned a similar incident that occurred a month later at another Panera restaurant in Wayland, Massachusetts, owned by the same franchise group.
The case sparked a broader discussion about the responsibilities of restaurants in accommodating customers with food allergies. While Panera had a disclaimer on its website stating that it cannot guarantee any food items to be free of allergens due to shared equipment, the Russo family's lawyer argued that this was not a case of cross-contamination. The incident and subsequent lawsuit brought attention to the potential consequences of language barriers in restaurants and the need for clear communication and training to ensure customer safety.
The outcome of the case sent a strong message to the restaurant industry and highlighted the legal obligations of businesses to accommodate individuals with food allergies. It underscored the importance of clear and effective communication between customers, restaurants, and their corporate owners. The resolution of the case, while not publicly disclosed, likely included financial compensation for the family's medical expenses and emotional distress, as well as potential changes to Panera's allergy policies and training programs.
While the specific details of the settlement were not released, it is likely that Panera implemented enhanced training programs for its employees, particularly regarding allergen handling and communication. The incident served as a reminder to restaurants and foodservice businesses of their duty of care towards customers with food allergies and the potential legal and reputational consequences of failing to meet those obligations. The case also empowered individuals with food allergies and their caregivers to advocate for safer dining options and increased awareness of allergen management in the foodservice industry.
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A similar incident occurred at another Panera in Wayland, Massachusetts
The Russo family, who filed the lawsuit against the Natick Panera, learned of the Wayland incident through a post on the No Nuts Moms Group. Laurel Francoeur, the co-counsel representing the Russo family, stated that the operating group should have been aware of the Wayland incident as she had sent letters via certified mail describing both incidents to Panera's corporate office as well as to the owners of PR Restaurants.
Mitchell Roberts, the operating partner of PR Restaurants, claimed he was unaware of the lawsuit and questioned the feasibility of two similar incidents occurring at two different restaurants. However, the Russo family's lawyer, Mary Vargas, noted that the allergy policies are made by Panera, LLC at the national level, and they are responsible for the online ordering system, which was used in both incidents.
The lawsuit against Panera alleges negligence, assault, and battery, and infliction of emotional distress. The outcome of the lawsuit is unknown, as no details of the settlement were released to the public. This incident highlights the importance of restaurants meeting their obligations to individuals with food allergies and the potential consequences of failing to do so.
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Frequently asked questions
Yes, a Panera Bread outlet in Natick, Massachusetts, put peanut butter in a grilled cheese sandwich.
Elissa Russo, the mother of the child, placed the order.
Yes, she mentioned her daughter's peanut allergy twice in the online order form.
The child suffered an allergic reaction and had to be hospitalised.
Yes, a Massachusetts Superior Court judge ruled that the case could go to trial. The outcome of the trial is unknown.
