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  1. #1
    Atomic Punk
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    Family sues American Airlines, over peanuts...

    Why not sue peanut companies too??

    Family Suing American Airlines Over Peanuts
    Mother Says Civil Rights Were Violated


    MELVILLE, N.Y. (CBS) ― A mother claims American Airlines put her son in danger on a cross-country trip. That's because the 4-year-old boy is allergic to something passengers receive on almost every flight.

    Ryahn Khan has a life-threatening allergy to nuts. His mom is an ophthalmologist, his dad a surgeon. They always travel with emergency medication should Ryahn go into Anaphylactic Shock: suffocation triggered by airborne peanut or tree nut dust.

    And that is why they claim they made it clear to American Airlines, when making their reservations that their son and peanuts shouldn't mix.

    "I was told at the gate prior to boarding that there would be no nuts served on the plane by a gate agent who had checked the computer screen," Dr. Tehmina Haque said.

    It's a long flight from Kennedy International Airport to Los Angeles at 35,000 feet up. Ryahn's parents had traveled with him previously on other airlines, they said, where announcements were made and flyers posted, informing passengers to take reasonable precautions to keep nuts off the flights.

    "An allergy to nuts, whether peanuts, tree nuts or any type of nuts has been deemed a disability under the FAA regulations and federal code," attorney Kenneth Mollins said.

    An excerpt from the lawsuit reads: "...plaintiff's son who has a severe life threatening tree nut and peanut allergy is considered disabled under the Air Carrier Access Act, and must be afforded the ability to travel comfortably."

    They are suing because they say their son's civil rights were violated by flight attendants.

    "She was loud, sarcastic, belittling, and pretty much said: 'I do not care what you have been told up to now. I will be serving nuts in the main cabin,'" Haque said.

    Nuts were sold to passengers in the main cabin, served warm -- for free -- in first class she says.

    American says they try to accommodate all passenger requests, but there are no absolutes. They have no control over other passengers.

    "...We cannot guarantee customers will not be exposed to peanuts during flight and strongly encourage customers to prepare for the possibility of exposure."

    "I think they put a dollar value on my son's life," Haque said.

    She says the airline took a risk selling the nuts, but admits Ryahn did not get sick from the exposure.

    Ryahn's parents and their lawyer say if they win the peanut lawsuit every penny will be donated to The Food Allergy and Anaphylaxis Network.

    American says the company does have a peanut policy which is posted on its Web site.

    http://www.foodallergy.org/advocacy/airlines.html
    "Watch what people are cynical about, and one can often discover what they lack. -- Gen. George S. Patton

  2. #2
    carpe damn diem billy007's Avatar
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    12.10.17 @ 03:50 PM
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    These whole peanut-allergy thing seems to be relatively new. I never recall hearing about allergic reactions to peanuts in the'70s or '80s, and I'm pretty sure at least most of the '90s. Peanuts were a staple - what kid didn't eat peanut butter & jelly (or Fluff) sandwiches? I don't recall kids going into shock in the lunchroom because of the peanut butter fumes. And remember when bars used to keep 'em handy right there on the...bar? So did the peanut growers mess around with the peanut genetics and create something that is now deadly, we're told, to many people, not just a few rare ones here 'n there? And even if the airlines discontinued their food service, what responsibility do we have, as passengers, not to bring something onto the airplane that might cause others to have a bad reaction? Are we to be expected to fly 3, 4, 5 hours without being able to have a snack at our disposal? Or should people be required to register their allergies when they buy a ticket so an airline can post a list of what can not be brought on board a given flight so that we can all plan accordingly. Maybe someone needs to develop a travelsized HazMat suit that the chronically allergic can don before boarding. But my real question goes back to why does there seem to be so much more allergy in the world now - have we messed up our environment that much, or is it just that they're better at detecting them these days?

  3. #3
    Atomic Punk smithjc's Avatar
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    Whatta silly lawsuit. My daughter is allergic to peanuts as well. She never used t/b allergic til recent years. All she ate was peanut butter whenst she was younger. Now she breaks out and gets all itchy if she's around anything with peanuts. I think it's a hazard of our environment as well.

    Hope they lose their lawsuit. Idiots.
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  4. #4
    Atomic Punk jrk5150's Avatar
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    No, allergies are getting worse, and I've never seen anything as to why. I've "heard" something about preservatives, but who knows.

    It's getting to the point where the peanut allergy is so pervasive, and significantly dangerous, that I kind of don't disagree with the principal behind this suit. If they were told by the gate agent one thing, and had discussed it with the ticketing agent/whoever up front, then there is a level of obligation.

    I don't know where the line is drawn, though. I think when you start seeing peanut free ballparks is about when you might want to start preparing for the end of time.

  5. #5
    Atomic Punk jrk5150's Avatar
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    Quote Originally Posted by smithjc View Post
    Whatta silly lawsuit. My daughter is allergic to peanuts as well. She never used t/b allergic til recent years. All she ate was peanut butter whenst she was younger. Now she breaks out and gets all itchy if she's around anything with peanuts. I think it's a hazard of our environment as well.

    Hope they lose their lawsuit. Idiots.
    I'm not sure you thought this through. Magnify your daughter's allergy 20X, where even a whiff of peanuts puts her in life threatening shock - not unheard of, there was a strawberry allergy like this in my son's school. Now put her on a plane, this narrow little metal tube with no ventilation, where you'd been assured by TWO representatives of the airline that there would be no peanuts. And then serve peanuts. Pretty sure you wouldn't be rolling your eyes and calling them idiots...

  6. #6
    PM Goo with your concerns OLO's Avatar
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    12.09.17 @ 03:49 PM
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    I agree with jrk5150. If they were told that no peanuts would be served on the plane and some flight attendant told them she didn't care what they were told and served them anyway. WTF is with that?
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  7. #7
    Atomic Punk smithjc's Avatar
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    I would not have allowed my daughter to be put in that kind of danger. It's always a given that airlines serve peanuts, at least to me. I would not have allowed my daughter to be exposed to that and thus would not even put her on a plane in the first place.
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  8. #8
    Atomic Punk jrk5150's Avatar
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    Quote Originally Posted by smithjc View Post
    I would not have allowed my daughter to be put in that kind of danger. It's always a given that airlines serve peanuts, at least to me. I would not have allowed my daughter to be exposed to that and thus would not even put her on a plane in the first place.
    Valid answer. Maybe they shouldn't fly. But is that really fair? Again, they were told at two different times it wouldn't be a problem, and have flown before where it wasn't a problem, so I'm guessing they have more flying experience with this than you or I do. Their experience told them it wasn't an issue, the airline threw them the curveball that put their child's life in danger.

    Lets take it to a different place. Say your daughter had a more severe allergy, and in her two prior schools, they had no problem setting up a peanut free zone at lunch (I see them all the time in cafeterias now). The new school told you - twice, because you asked when you signed her up, and again when you brought her on the first day - that they will do that too. Then she comes home and tells you the lunch lady told her that there was no peanut free zone, the heck with her, and served peanut butter and jelly and made her sit with her class. You'd be crawling up the Principle's ass pretty much immediately, and if he told you to jump off a bridge, I'm betting calling a lawyer would cross your mind. You might not make the call, but you'd give it some thought.

    Now, not sure this suit is valid since there are no damages, but I'm pretty sure I'd be looking for some blood if I were them.
    Last edited by jrk5150; 06.04.08 at 03:24 PM.

  9. #9
    Baluchitherium KT's Avatar
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    Quote Originally Posted by jrk5150 View Post
    No, allergies are getting worse, and I've never seen anything as to why. I've "heard" something about preservatives, but who knows.

    It's getting to the point where the peanut allergy is so pervasive, and significantly dangerous, that I kind of don't disagree with the principal behind this suit. If they were told by the gate agent one thing, and had discussed it with the ticketing agent/whoever up front, then there is a level of obligation.

    I don't know where the line is drawn, though. I think when you start seeing peanut free ballparks is about when you might want to start preparing for the end of time.
    Quote Originally Posted by jrk5150 View Post
    I'm not sure you thought this through. Magnify your daughter's allergy 20X, where even a whiff of peanuts puts her in life threatening shock - not unheard of, there was a strawberry allergy like this in my son's school. Now put her on a plane, this narrow little metal tube with no ventilation, where you'd been assured by TWO representatives of the airline that there would be no peanuts. And then serve peanuts. Pretty sure you wouldn't be rolling your eyes and calling them idiots...

    I agree with you 100%. As a former teacher, I unfortunately was witness to several of these anaphylaxic shock cases and saw a few lives saved at the school where I taught. I had a student with a severe allergy to all tree nuts. His throat completely closed within 5min. of EXPOSURE (not ingestion) of any tree nut dust. Without a shot of epinephrine and Benadryl while in route to the ER (where he'd need a second shot of epinephrine within 15min. of receiving the first shot), he would die, plain and simple. When you think about it, to eliminate the nut residue can be very difficult. Think about it...kids don't eat a PBandJ sandwich...they slather themselves in it. How many of those kids wash their hands before going onto the playground and sliding down the slide with it on their hands. If they washed their hands, the PB is now on the faucet. As a teacher, it was VERY stressful b/c I witnessed this child almost die on my watch! I'm sure it's extremely stressful on the parents.

    In this airline case, the parents took their responsibility seriously by talking with the airline before hand and stressing the importance of their situation. They were assured that no nuts would be on the flight. Nuts were served. Had this child had a reaction (b/c of lack of ventilation or a nut stuck between a seat b/c of a previous flight), this child could've easily died if they only had 1-2 Epi-Pens and couldn't land and get to a hospital quick enough.

    I don't know why more children have the allergy but I know a lot of research is being done on it. For one, there are probably children who died from "choking" incidents years ago that may have been caused by an allergy but the allergy wasn't known and, therefore, the deaths were ruled as choking. Just a thought.
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  10. #10
    Forum Frontman fudd's Avatar
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    But now it seems you have to segregate people because of lawsuits like this. I have one of the weirdest allergies to lava rock. I'm not gonna pass up a trip to Hawaii because of it. You can't expect a major corporation to piss off other passengers that want a tasty snack for 1 person. I think that the family should have explored other viable options. There are too many variables in this scenario. There could be nut residue( ) on the plane from a previous flight, someone could bring thier own nuts. Just too much left to chance here. They shouldn't leave thier child's health in the hands of the airline industry which because of the economy would say anything to get you on thier plane. Too PC nowadays.

  11. #11
    Baluchitherium KT's Avatar
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    Quote Originally Posted by smithjc View Post
    I would not have allowed my daughter to be put in that kind of danger. It's always a given that airlines serve peanuts, at least to me. I would not have allowed my daughter to be exposed to that and thus would not even put her on a plane in the first place.
    I understand where you're coming from, but a child with an allergy like that and that severe is at risk at so many places. There could've been a family emergency somewhere and they HAD to fly. I'm just saying that I think the parents took their role in protecting their child the best they could with the airline. They were promised something and the fact that a company went back on that promise and put their child's life in danger, in my opinion, is a valid reason to sue (and trust me...I absolutely hate and disagree with, what I consider to be, frivolous lawsuits).
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    Baluchitherium KT's Avatar
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    Quote Originally Posted by fuddman5150 View Post
    But now it seems you have to segregate people because of lawsuits like this. I have one of the weirdest allergies to lava rock. I'm not gonna pass up a trip to Hawaii because of it. You can't expect a major corporation to piss off other passengers that want a tasty snack for 1 person. I think that the family should have explored other viable options. There are too many variables in this scenario. There could be nut residue( ) on the plane from a previous flight, someone could bring thier own nuts. Just too much left to chance here. They shouldn't leave thier child's health in the hands of the airline industry which because of the economy would say anything to get you on thier plane. Too PC nowadays.
    But wouldn't you agree that there are many other tasty snack choices out there that don't pose such a health risk to a vastly rising population?

    Yes, I agree, that parents have the ultimate responsibility in protecting their children. However, you also don't want to keep your child in a bubble their entire lives b/c of the allergy.
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  13. #13
    Baluchitherium Guitar Shark's Avatar
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    This lawsuit will go nowhere.

  14. #14
    Atomic Punk jrk5150's Avatar
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    Quote Originally Posted by fuddman5150 View Post
    But now it seems you have to segregate people because of lawsuits like this. I have one of the weirdest allergies to lava rock. I'm not gonna pass up a trip to Hawaii because of it. You can't expect a major corporation to piss off other passengers that want a tasty snack for 1 person. I think that the family should have explored other viable options. There are too many variables in this scenario. There could be nut residue( ) on the plane from a previous flight, someone could bring thier own nuts. Just too much left to chance here. They shouldn't leave thier child's health in the hands of the airline industry which because of the economy would say anything to get you on thier plane. Too PC nowadays.
    You're not wrong, but things change. I'm sure much the same argument was made over smoking - why prohibit the "rights" of smokers over a few loonies that had problems with smoke? Eventually, society made a determination that smoking was bad, and things changed. Not the exact same thing, since society isn't going to "outlaw" peanuts, but these allergy issues are getting so damned dangerous that you will start seeing more and more accommodation. Whether it's PC or not, trust me, and trust KT, you do NOT want to be the witness to some kid dying over a fucking 10 cent bag of peanuts.

    My son's school had a complete ban on any kind of strawberry ingredients while that child was a student. Parents were notified to check ingredients on snacks, etc. It was one of those things where the smell could kill. Brutal. Just brutal.

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    Atomic Punk jrk5150's Avatar
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    Quote Originally Posted by Guitar Shark View Post
    This lawsuit will go nowhere.
    No damages.

    I'm more arguing the concept and the moral obligation vs. actual legal liability etc.

 

 

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