Here Now : & Very Upset, advice please

[Queen of the WDW Scene]

I am so sorry. I teared up just thinking of how scary and awful it would be to see your grandkids struggling to breathe.

I would think at the very least they would pay medical expenses and reimburse you for a new trip. Hoping your grandsons are feeling better soon!

I would not expect medical expenses to be paid because that would mean they are considering themselves legally responsible and they wouldn't do that unless they were sued and lost.
Also OP was a 3 way split stay of onsite for a day, offsite for a few, and then back on site for a couple so I would not expect a refund for the entirety of the trip.
I also believe the guests directly effected were not staying onsite at all.
Perhaps compensating the guests that had to go to the hospital with tickets would be something they could do.

 

[cabanafrau]

I should add at first aid in Animal Kingdom where they first took the children there was a police officer taking notes & another legal lady interviewing & documenting everything.

yes they took my sons phone number so I’m sure they will be contacting them.. I just wanted to talk to someone face to face to let them know after months of planning & a lot of expense our vacation ended abruptly

In the title of your thread it says you're still there. At this point you still have the ability to make the best out of your time there.

 

[disneyfantotheend]

That is so scary. I understand you being very upset and wanting to talk to someone, but as you said mistakes happen. Was there something in the waffles you forgot to mention the boys were allergic to or did the chef just give them something in error? No matter what allergies are not something to mess with. I do know Disney does their best to not make such errors. I am sure Disney will do what they can to make things right, but it sounds like it may be a bit complicated. I am just very happy they are okay. That is the important thing!

 

[lorimay]

Your poor grandkids, breaks my heart thinking of how their joy turned so quickly to fear.
I'm sorry for all of you.
Most importantly, they're all ok thankfully.
I know Disney, they will make this right for you and your family.
You probably will never be able to disclose it, but they will do the right thing.

 

[robinb]

Now that we have a little more information, I think that the OP may have a very limited claim for her own compensation. I thought that the OP and her family were at the YC the whole time. Instead, they were all staying offsite on Wednesday when this happened. She moved to the YC today when her son and family left for home. If the OP had stayed onsite for the whole thing, it would have been easier for Disney to credit her account. I don't think they will compensate her offsite room, but they may compensate her son and family. Any compensation for the problem at the restaurant will be negotiated with the son and, at this point, I don't really think the OP has a leg to stand on for compensation. She should ask her son to negotiate for her, at least for her park passes. I think that Disney will kick in something for both the son and the OP.

Gosh I hate myself for saying this and not trying to be salty, yet please remember it’s not entirely Disney’s fault.

How is it the OP's fault? That they dared eat? They did everything right and the chef admitted that he messed up.

 

[katie01]

I would not expect medical expenses to be paid because that would mean they are considering themselves legally responsible and they wouldn't do that unless they were sued and lost.
Also OP was a 3 way split stay of onsite for a day, offsite for a few, and then back on site for a couple so I would not expect a refund for the entirety of the trip.
I also believe the guests directly effected were not staying onsite at all.
Perhaps compensating the guests that had to go to the hospital with tickets would be something they could do.

Yeah I didn’t see that at first about being offsite. I’m not saying what disney or the OP *should* do as much as I am speculating on what I think Disney *would* do, but I don’t have a legal background, so I’m not sure.

I was looking to see if I could find any legal precedents for this, haven’t found anything yet for Disney, but check this out. I didn’t read the entire article but I am baffled by this one. Who puts peanut butter on a grilled cheese sandwich?? I have never heard of this, especially when the parent specified the allergy multiple times https://www.allergyeats.com/panera-disaster-the-food-allergy-lawsuit-and-why-everything-went-wrong/

DH has food allergies and we purchased trip insurance for our upcoming trip out of fear of something like this happening as it did with OP. Money can be refunded for a trip that way, but there isn’t any way to replace human life. I feel for anyone else who has these allergies. You want to be able to experience vacations or eating with other people outside of the house, but as you can see, even all the best of plans and precautions can fail.

Dh’s own mother added a nut ingredient to dessert she served to him even after making sure to mention there were NOT nuts in another dish that meal (he declined the allergy as an adult so she doesn’t have years of experience in cooking to accommodate it). Same exact thing just happened to us at a dinner party with friends recently

And some people aren’t kind about it either. A 15 year old girl recently lost her life from eating a cookie with nuts and the online comments were horrendous, with many people saying it was natural selection or she deserved to die from stupidity.

 

[DLgal]

Unfortunately, you are basically a third wheel in this scenario. I expect Disney will be in touch with your son and will attempt to make things right by them, since they are the guardians of these kids. I'm very sorry this happened to you and ruined your time together, but unfortunately, this is just something that people with severe allergies have to contend with sometimes. It stinks, but I don't expect Disney to provide any financial compensation to you, specifically. I would perhaps make sure your son indicates that this was an extended family vacation, so perhaps whatever they do for him will include you in some way (whether that be comped park passes or a resort stay for a future trip.)

I would also advise your son to hire a lawyer and take legal action against Disney for any additional expenses incurred as a result of the mistake made by this chef (medical bills, travel expenses, lost vacation time, etc) if Disney does not offer it upfront. I cannot see how Disney would fight this type of claim, seeing as how the chef already admitted liability.

 

[Mackenzie Click-Mickelson]

A 15 year old girl recently lost her life from eating a cookie with nuts and the online comments were horrendous, with many people saying it was natural selection or she deserved to die from stupidity.

No one should be saying mean things like that and it's horrible that people would.

There are some things though with that case that are a bit different than the OP's situation.

The girl had the packaging in front of her but didn't actually look at it for its ingredients. She saw the color and assumed safe. Tragic error but the packaging was there labeled as reeces peanut butter cups and now the mom is upset that the packaging is too close to original.

It was my understanding that she did not have any epi pens with her; she went home and that's when they gave her 2 doses of epi pens. Have absolutely no idea if that would have helped but time is of the esssence in my understanding of these types of allergens.

 

[Mackenzie Click-Mickelson]

OP I'm incredibly sorry for what happened. I'm so glad it was a good outcome but sorry that your much anticipated trip had something like this happen. Hopefully you have a better rest of your trip. I'm unsure what to say about Disney's responsibility in this TBH but I think others have shared good information. It is my hope though that Disney can do something for you.

 

[katie01]

No one should be saying mean things like that and it's horrible that people would.

There are some things though with that case that are a bit different than the OP's situation.

The girl had the packaging in front of her but didn't actually look at it for its ingredients. She saw the color and assumed safe. Tragic error but the packaging was there labeled as reeces peanut butter cups and now the mom is upset that the packaging is too close to original.

It was my understanding that she did not have any epi pens with her; she went home and that's when they gave her 2 doses of epi pens. Have absolutely no idea if that would have helped but time is of the esssence in my understanding of these types of allergens.

I know what you are saying, there were errors with the 15 year old girl’s case that resulted in death that may have been prevented. I still think it’s horrible that people would laugh at her death and say she deserved it (and I know you agree and you aren’t saying she deserved it either). It just seem’s like there is some sort of special hatred for people with food allergies. People die in car crashes where they may have been speeding a bit, or people die of drug overdoses, and maybe I’m wrong, but I have not seen anyone commenting on those articles and saying those people deserved it (and they definitely don’t deserve it either! Compassion for someone losing their life or losing a loved one should be universal). It just seems like a girl eating a cookie is so innocent even if she did make a mistake. I just find it odd and unsettling that people get so angry or belittling of people with food allergies.

Sorry, not trying to get off topic of the OP’s post either. I just feel like her case does deserve attention. I’m not sure what, and it’s not meant to blame the chef who it sounds like does already feel bad, but I think spreading awareness of the story could prevent it from happening to others. Whether that awareness is “hey look, people with allergies need to know this about Disney so they can make informed decisions about eating there”, I also would want to know that Disney did it’s due diligence to see where the breakdown took place to see if they can prevent other cases

 

[dish rag]

Glad they are well and released. My advice would be to make the best of the time you have left. It's that or not.

 

[RainbowBrite]

Glad they are well and released. My advice would be to make the best of the time you have left. It's that or not.

the children have gone home because they were not feeling well. they are there alone until tomorrow when they go home as well.

 

[zoo2tycoon]

OP sorry this happened to your grandchildren. Like others stated it is probably something your son and his wife need to handle as it was their children who this happened to.

Hopefully you can enjoy your last days there. Hope the kids continue to do better.

 

[dish rag]

the children have gone home because they were not feeling well. they are there alone until tomorrow when they go home as well.

Yes, she was very clear about that. It's unfortunate. But it would even be worse to no make the most of the time left. It's be miserable or make the most of. I would make the most of the time I had left.

 

[MaryLovesPoohBear]

Unfortunately, you are basically a third wheel in this scenario. I expect Disney will be in touch with your son and will attempt to make things right by them, since they are the guardians of these kids. I'm very sorry this happened to you and ruined your time together, but unfortunately, this is just something that people with severe allergies have to contend with sometimes. It stinks, but I don't expect Disney to provide any financial compensation to you, specifically. I would perhaps make sure your son indicates that this was an extended family vacation, so perhaps whatever they do for him will include you in some way (whether that be comped park passes or a resort stay for a future trip.)

I would also advise your son to hire a lawyer and take legal action against Disney for any additional expenses incurred as a result of the mistake made by this chef (medical bills, travel expenses, lost vacation time, etc). I cannot see how Disney would fight this type of claim, seeing as how the chef already admitted liability.

That is what I was thinking as well.

When Disney served me something that they shouldn't have, Disney took my contact information and then contacted me the next day. They didn't contact my family at all.

 

[robinb]

the children have gone home because they were not feeling well. they are there alone until tomorrow when they go home as well.

I may be wrong, but I think the kids felt good enough to go home as scheduled. I don't think they left early.

 

[Luv Bunnies]

I would not expect medical expenses to be paid because that would mean they are considering themselves legally responsible and they wouldn't do that unless they were sued and lost.
Also OP was a 3 way split stay of onsite for a day, offsite for a few, and then back on site for a couple so I would not expect a refund for the entirety of the trip.
I also believe the guests directly effected were not staying onsite at all.
Perhaps compensating the guests that had to go to the hospital with tickets would be something they could do.

Actually, I think they will offer to pay medical expenses. If the guest accepts the money, they will be required to sign a form saying they will not legally pursue the matter any further. It's much less expensive for Disney to offer a payment up front rather than risk a legal battle. It's also better for them to admit they made a mistake and make it right for the guest. With the number of guests they serve every year, they expect things to happen. They budget for it and have claims staff to deal with it. And really, the medical bills and perhaps something extra for two little boys who fell ill at WDW is a drop in the bucket for such a large corporation, and paying the family would be the right thing to do. Once a case like this goes to court, it becomes a matter of public record. That's not something Disney wants to deal with.

OP, I'm sorry this happened to your family!

 

[a1tinkfans]

I’m glad to hear the children have done well, treated and released and safely home.

As far as the OP goes, I’m thinking Disney may offer up the Park day tix. Being offsite, no compensation for that room, no loss of her current room. Mental anguish.. while I understand it and sympathize with it.. not seeing Disney doing anything about that either.
The medical bills won’t be offered up right away, if at all. It’s likely there was medical coverage in place and they would be paid. If the carrier felt subrogation was possible ( and I think it is) then they’d handle that directly. If parents are out deductibles/co pays...that can be reimbursed easy enough.

As far as loss of ”value ” of trip for parents... totally subjective and I’d hope Disney would take care of that directly with parents ( perhaps a comp for a return visit/tix). Was trip insurance in place... in their case with higher probability of a allergy issue, I hope so. If not, something to think about for All getaways.

The emotional side of this is traumatic, scary,upsetting etc. that being said.. it is the adult/parents .. to have the Epi available if the allergies are severe.
I’m NOT trying to blame them.. at all, but
Could this have been avoided somewhat?

Chef made a mistake, admitted it... negligence,okay... compensation, the parents can push it/make a claim/lawyer up
Or just move forward. Personal choice.

( not relating to Disney...The children should also have/know how to use the Epi.. for all possible daily/future outings) so scary!!

Very Blessed that a tragedy was Avoided.. hope the kids will want to return at some point when they and their parents are able to move past this Very Scary event.

OP.. hope u can make the best of ur last days of vacation.

 

[CarolAnn856]

...that being said.. it is the adult/parents .. to have the Epi available if the allergies are severe.
I’m NOT trying to blame them.. at all, but
Could this have been avoided somewhat?

The OP said nothing about the family not having or using EpiPens. It's possible they didn't, but you seem to be assuming that that's the case without asking her.

OP, I'm so glad that your grandchildren are doing well. I just can't imagine how terrifying that must have been for you all! I have no idea what Disney might or might not do, but I just wanted to say that I certainly understand how that affected the remainder of everyone's trip. Best wishes to you all!

 

[Lynn CC]

I am so glad they are okay. HOW SCARY!!!!

I agree with the others. Start with the hotel and move from there. You should and will get compensation for this. I am so sorry. All three of my kids (grown now 27, 24 and 19) all have peanut allergies and older son is also tree nut allergic. We have over 35 trips under our belts and so far so good. We always note the ADR for allergies and the chefs always do a great job. We always have epi pens on us too. Good luck and keep us posted. Again, so sorry for everyone involved.

Yes I noted allergies when we made the ADR & my son talked to each & every chef. After so many safe meals at Disneyland, we were shocked a mistake was made like this