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Waiter may face criminal charge after serving fish to allergic customer


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#1 Powerforward

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Posted 05 August 2016 - 11:52 AM

 

MONTREAL — Typically when a waiter mixes up an order, he can expect a scowl and a lousy tip. But a Sherbrooke, Que., waiter faces a possible criminal prosecution after he served salmon tartare to a customer with a severe seafood allergy.

Sherbrooke police arrested a 22-year-old man Wednesday on suspicion of criminal negligence following an incident in May that left Simon-Pierre Canuel in a coma after the beef tartare he ordered turned out to be salmon.

 

Canuel said he took one bite of the dish in the dimly lit restaurant before realizing it was fish. Within minutes, his throat became itchy and began to tighten, his tongue swelled and he had trouble breathing.

 

He had left his EpiPen in the car, so his partner, a medical resident, and another diner who was a doctor laid him on the floor to administer mouth-to-mouth resuscitation while awaiting an ambulance.

 

He was taken to hospital, where he developed complications the next day and suffered cardiac arrest. He fell into a coma for two days before recovering and being released.

http://news.national...seafood-allergy



#2 Nparker

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Posted 05 August 2016 - 12:34 PM

So I am guessing no more than a 15% tip then.


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#3 jonny

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Posted 05 August 2016 - 12:35 PM

IMO it was negligent of Canuel to leave his Epi Pen in the car when a reasonable person would conclude there is risk the severely allergic man could ingest seafood at a restaurant that serves seafood.


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#4 VicHockeyFan

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Posted 05 August 2016 - 12:49 PM

IMO it was negligent of Canuel to leave his Epi Pen in the car when a reasonable person would conclude there is risk the severely allergic man could ingest seafood at a restaurant that serves seafood.

 

Ya, I think there has to be a bit of blame on both ends.  Or maybe not blame, but the victim knows he needs to be careful.


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<p><span style="font-size:12px;"><em><span style="color:rgb(40,40,40);font-family:helvetica, arial, sans-serif;">"I don’t need a middle person in my pizza slice transaction" <strong>- zoomer, April 17, 2018</strong></span></em></span>

#5 Jill

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Posted 05 August 2016 - 12:49 PM

But the waiter was also negligent if he was advised of the allergy and failed to either share that info with the kitchen or ensure he didn't serve seafood.



#6 victoriassecret

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Posted 05 August 2016 - 12:54 PM

If this person was a celiac and was served gluten bread there'd be no story and no arrest. Why is this different?



#7 VicHockeyFan

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Posted 05 August 2016 - 01:00 PM

But the waiter was also negligent if he was advised of the allergy and failed to either share that info with the kitchen or ensure he didn't serve seafood.

 

Oh ya, if you believe the allegations in the story all kinds of measures were to be in place, and all failed.


<p><span style="font-size:12px;"><em><span style="color:rgb(40,40,40);font-family:helvetica, arial, sans-serif;">"I don’t need a middle person in my pizza slice transaction" <strong>- zoomer, April 17, 2018</strong></span></em></span>

#8 VicHockeyFan

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Posted 05 August 2016 - 01:01 PM

If this person was a celiac and was served gluten bread there'd be no story and no arrest. Why is this different?

 

The severity of the illness I guess.  If I give you a cold, I'm not going to be charged.  If I give you AIDS I might.


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<p><span style="font-size:12px;"><em><span style="color:rgb(40,40,40);font-family:helvetica, arial, sans-serif;">"I don’t need a middle person in my pizza slice transaction" <strong>- zoomer, April 17, 2018</strong></span></em></span>

#9 todd

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Posted 05 August 2016 - 01:53 PM

One could make an argument that all food facilities should keep EpiPens on hand as a part of the required first aid equipment.  Modern EpiPens are just about idiot proof. Comes in two strengths of epinephrine one for children(33–66 lbs) one for adults(66 lbs or more) and can be purchased with or without a prescription in Canada and can be a administered without any certification if a reaction is suspected.
 
Do make sure in all likelihood they are having an allergic reaction first however, just don't run up and stab everyone who is passed out or has difficulty breathing etc.
 
At least know how to use it:
https://www.youtube.com/watch?v=egxkvpgX544
 
 
If absolutely nothing else try to give Benadryl(Diphenhydramine)(if they are alert enough to take it, don't shove it down their throat) it will work in the same way but not nearly as effective and the dosage on the package is not enough for an anaphylactic emergency but better than nothing could make the difference.

Edited by todd, 05 August 2016 - 01:55 PM.


#10 LJ

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Posted 05 August 2016 - 07:48 PM

If I was deathly allergic to some food I would make my own. I know people with gluten allergies - they don't go into bakeries - ever.

 

You have to take responsibility for your own life, not trust some $10 an hour individual, who you don't know, and who doesn't know you, to make those decisions for you.


Life's a journey......so roll down the window and enjoy the breeze.

#11 todd

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Posted 05 August 2016 - 08:07 PM

The severity of the illness I guess.  If I give you a cold, I'm not going to be charged.  If I give you AIDS I might.

Maybe you should, why is it in most Asian countries it is completely acceptable to walk around wearing a surgical mask if you have a respiratory illness or for whatever I guess(probably good for seasonal allergies) and not here, is it because are we are apparently vain, embarrassed and selfish? 
 
Many people die every year from complications of respiratory illness.

Edited by todd, 05 August 2016 - 08:08 PM.


#12 LJ

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Posted 06 August 2016 - 07:57 PM

There are lots of people here that walk around with full masks on all the time they are outdoors, all women. I think it is more a keep out of the sun thing though. They are Asian.


Life's a journey......so roll down the window and enjoy the breeze.

#13 weirdie

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Posted 07 August 2016 - 09:44 AM

There are lots of people here that walk around with full masks on all the time they are outdoors, all women. I think it is more a keep out of the sun thing though.They are Asian.


Ridiculously enough, most of the time young/middle aged Asian women you see wearing masks are doing so because they did have enough time to put on their makeup.

#14 sebberry

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Posted 07 August 2016 - 11:01 AM

Restaurants often don't keep epipens on hand because they're not permitted to administer them.  I still think they should have them to provide to someone else to administer when you consider all the allergens that could be present. 

 

If they weren't $200 and expire after a year I'd have one for emergencies. 


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#15 VicHockeyFan

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Posted 07 August 2016 - 11:07 AM

I'm supposed to carry one.  One time I got stung by a wasp and it was pretty comical, my hospital visit.  Other 3 times I have been stung (by bees), nothing.


<p><span style="font-size:12px;"><em><span style="color:rgb(40,40,40);font-family:helvetica, arial, sans-serif;">"I don’t need a middle person in my pizza slice transaction" <strong>- zoomer, April 17, 2018</strong></span></em></span>

#16 sebberry

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Posted 07 August 2016 - 11:19 AM

When I was a kid I was supposedly allergic to almonds. 

 

I was at a family friend's place one day and had cake.  As I was about halfway done devouring my cake, the fellow who baked it (who at the time was suffering from Parkinson's and couldn't talk very well) mumbled out "oh bugger, that's almond!". 

 

I looked up, shrugged and replied "guess I'm not allergic to them after all!"

 

I dunno, maybe it was all made up to keep me from eating all the Marzipan.


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#17 todd

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Posted 07 August 2016 - 11:37 AM

Restaurants often don't keep epipens on hand because they're not permitted to administer them.  I still think they should have them to provide to someone else to administer when you consider all the allergens that could be present. 

 

If they weren't $200 and expire after a year I'd have one for emergencies. 

 

 

Emergency administration of EpiPen® in the case of a suspected severe allergic reaction does not require certification. ....

 

http://www.epipen.ca...sked-questions 

 

The good Samaritan act should protect you.(i'm not a lawyer however)
 
Individual restaurant policy may be different however.

Edited by todd, 07 August 2016 - 11:38 AM.

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#18 sebberry

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Posted 07 August 2016 - 05:00 PM

Interesting.  That's not what I heard on the radio after the bee sting incident in Vancouver. 


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#19 todd

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Posted 31 May 2020 - 01:18 PM

delete 


Edited by todd, 31 May 2020 - 01:20 PM.

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