Man Dies After Ruby Tuesday Serves Him Wrong Dish

[Aera]

This is very sad.

LOVEJOY, Ga. — A man with a shellfish allergy is dead after eating an entree with crab at a restaurant.
An autopsy Monday confirmed that 35-year-old Rodney Hawkins went into anaphylactic shock and died after eating the dish at a Ruby Tuesday restaurant in Lovejoy last week.
Georgia Bureau of Investigation spokesman John Bankhead said Hawkins had ordered a chicken dish that contained no shellfish but was served another chicken dish that contained crab.
But Rick Johnson, spokesman for the Marvyille, Tenn.-based Ruby Tuesday company, told The Associated Press on Tuesday that the server's order pad and the kitchen ticket indicate that Hawkins ordered the Chicken Oscar, a dish with crab meat.
Johnson called the situation "tragic" and expressed condolences for Hawkins' family.

FOXNews.com - Man Dies After Ruby Tuesday Serves Him Wrong Dish - Health News | Current Health News | Medical News

 

[jkath]

Oh that's just horrible.

 

[jennyema]

This is how Ruby Tuesday's menu describes "Chicken Oscar." I really doubt that he ordered it.

"Chicken Oscar
Tender jumbo lump crab meat with asparagus tips and lemon-butter sauce atop a fresh grilled chicken breast. Served with fresh, steamed broccoli and mashed potatoes."

This is a tragedy and also a reminder for those with food allergies to ALWAYS carry an epipen.

 

[Callisto in NC]

While I feel bad for the man and his family, I must also wonder if he told the server very specifically he had a life threatening shellfish allergy. If he notified the server and then ordered a dish that included shellfish, and she didn't point it out to him, then it would be the restaurant's fault. Generally people with severe allergies will alert the hostess and the server.

 

[quicksilver]

How horrible.
The crab is put on top though. (I just read about this recipe last week, but with veal)
I don't know how the diner could have mistaken it, even if the waitperson screwed up.
There's alway so much more to these stories than what's reported.
And yeh, you would think, re: reminder jenny gave.

​

 

[B'sgirl]

That is horrible! It does seem strange that he wouldn't have noticed or tasted crab in the dish. But the menu just says crab meat, so maybe it was shredded and hard to see. The waitress could easily have written it down wrong. My son can't eat gluten and I know I'd be furious if someone got his order wrong like that. Of course, for him it wouldn't be life-threatening. It would just make him sick.

 

[bowlingshirt]

My wife has seafood allergies and is always EXTREMELY careful when we go out to eat anywhere. We've had a waitress get our orders reversed before, and of course I had seafood in mine. Her nose is very sensitive when it comes to seafood, so she can always sniff it out before eating anything.

 

[ChefJune]

That is horrible! It does seem strange that he wouldn't have noticed or tasted crab in the dish. But the menu just says crab meat, so maybe it was shredded and hard to see. The waitress could easily have written it down wrong. My son can't eat gluten and I know I'd be furious if someone got his order wrong like that. Of course, for him it wouldn't be life-threatening. It would just make him sick.

By the time he noticed or tasted it, he could already have been in shock. It can happen just that fast. I am just that allergic to kiwifruit.

And the restaurant will be liable, in any case, unless they can prove that the man purposely ordered the dish to commit suicide!

 

[Callisto in NC]

By the time he noticed or tasted it, he could already have been in shock. It can happen just that fast. I am just that allergic to kiwifruit.

And the restaurant will be liable, in any case, unless they can prove that the man purposely ordered the dish to commit suicide!

Legally they'd only be liable if he informed them beforehand of his allergies. If he did not, they have no liability.

I get a bad reaction to banana peppers and when I go to Subway I make the prep guy change his gloves before I get my veggies. If I forget, it's not Subway's fault but if I ask and they refuse, then it is. There's no indication in the story that the man informed them of his allergy.

 

[Uncle Bob]

This is how Ruby Tuesday's menu describes "Chicken Oscar." I really doubt that he ordered it.

"Chicken Oscar
Tender jumbo lump crab meat with asparagus tips and lemon-butter sauce atop a fresh grilled chicken breast. Served with fresh, steamed broccoli and mashed potatoes."

This is a tragedy and also a reminder for those with food allergies to ALWAYS carry an epipen.

__________________

I doubt he ordered this too! I wonder if he meant to order Chicken Fresco??? I wonder how he didn't know (see/taste) the difference between tomatoes, and crab meat/asparagus tips on the chicken breast??? Then again...maybe he did, and like Chef June said...It was already to late....


Chicken Fresco....From Ruby Tuesday's Online Menu
A fresh, grilled chicken breast topped with seasonal vine-ripened tomatoes, lemon-butter sauce, and a splash of balsamic vinaigrette. Served with fresh, steamed broccoli and mashed potatoes.

 

[GotGarlic]

Legally they'd only be liable if he informed them beforehand of his allergies. If he did not, they have no liability.

I get a bad reaction to banana peppers and when I go to Subway I make the prep guy change his gloves before I get my veggies. If I forget, it's not Subway's fault but if I ask and they refuse, then it is...

If you ask, and they refuse, and then you eat what they prepare anyway, how is that their fault? You would have knowingly exposed yourself to something that you know causes a bad reaction.

According to his wife, he ordered Chicken Fresco: Man Dies After Eating Seafood - Atlanta News Story - WGCL Atlanta

 

[Callisto in NC]

If you ask, and they refuse, and then you eat what they prepare anyway, how is that their fault? You would have knowingly exposed yourself to something that you know causes a bad reaction.

According to his wife, he ordered Chicken Fresco: Man Dies After Eating Seafood - Atlanta News Story - WGCL Atlanta

Who said I'd eat it? If I ask and they refuse, I take the sandwich and call my SIL who is a rep for Subway. However, you miss the point.

My point is did he TELL them he was allergic to seafood or did he even know?

If you look at the story you linked it says: died after having an allergic reaction while eating what he thought was crab meat at a Ruby Tuesday

If he was allergic and was eating what he thought was crab, how is it the restaurants fault? Did he know he had an allergy or not? The story and statements are very conflicting in that news story.

I still believe from what is there, he didn't tell the restaurant about his allergies. My neighbor works at Ruby Tuesday and asked her protocal IF someone has allergies. She said they make a note in the computer and will question if someone orders something they are allergic to. So did he inform anyone? Doesn't sound like it.

 

[GotGarlic]

Who said I'd eat it? If I ask and they refuse, I take the sandwich and call my SIL who is a rep for Subway.

You said: "If I forget, it's not Subway's fault but if I ask and they refuse, then it is."

For "it" you're referring to is exposure to an allergen that causes a reaction. You can only get that if you eat the food.

However, you miss the point.

My point is did he TELL them he was allergic to seafood or did he even know?
If he was allergic and was eating what he thought was crab, how is it the restaurants fault? Did he know he had an allergy or not? The story and statements are very conflicting in that news story.

I still believe from what is there, he didn't tell the restaurant about his allergies. My neighbor works at Ruby Tuesday and asked her protocal IF someone has allergies. She said they make a note in the computer and will question if someone orders something they are allergic to. So did he inform anyone? Doesn't sound like it.

He knew. From the story:

“We just don't understand. It's hard to understand. It wasn't a car accident, he didn't have cancer. It was a meal, a mix-up with a meal,” said sister Yolanda Davis.

Davis said her brother ordered the chicken fresco dish. But instead, she said, he received a seafood dish. She said Hawkins would never order seafood since he's allergic to it, and seafood could kill him.

His wife, who was at the restaurant with him, said he ordered chicken fresco, not chicken oscar.

It's possible he didn't realize there was seafood in it until he started eating it, then said something to his wife, and then the reaction started and he went into shock. I'm not sure whether the restaurant is liable or not - I don't know the law that well.

 

[CharlieD]

I'm sure will hear more about this. And maybe even hear the whole story.

I was always mad about coffee from McD story, until recently I learned the whole story. Even though the woman was stupid enough to put the cup between her legs it was the discrenatal emploee who turned the heat in the coffee pot so hot that her skin melted.

So until we know the whole story here, there is nothing that we can say or decide.

 

[Callisto in NC]

He knew. From the story:

His wife, who was at the restaurant with him, said he ordered chicken fresco, not chicken oscar.

It's possible he didn't realize there was seafood in it until he started eating it, then said something to his wife, and then the reaction started and he went into shock. I'm not sure whether the restaurant is liable or not - I don't know the law that well.

The story, as I previously pointed out, says he thought he was eating crab. I further indicated the story disputes itself in what it says.

My issue is DID HE TELL THE RESTAURANT. Point blank, that's the only issue here, not what Subway does with my sandwich. Did the man tell the restaurant and why does the story say "after eating what he thought was crab." Well if he thought it was crab, why was he eating it?

 

[GotGarlic]

The story, as I previously pointed out, says he thought he was eating crab. I further indicated the story disputes itself in what it says.

My issue is DID HE TELL THE RESTAURANT. Point blank, that's the only issue here, not what Subway does with my sandwich. Did the man tell the restaurant and why does the story say "after eating what he thought was crab." Well if he thought it was crab, why was he eating it?

I know what your issue is I don't know whether he told the restaurant about his allergy, and I'm not as sure as you seem to be that that's the only factor that matters.

You seem to have missed my other point: It's possible he didn't know he was eating crab *until after he started eating it*. Maybe, after taking a bite or two, he said to his wife, "You know, I think there might be crab in this." Then he could have started having the reaction, which might, or might not, very quickly turn to shock. Allergic reactions are highly variable in how quickly and how severely they progress.

 

[middie]

Oh how horrible.

 

[Callisto in NC]

I know what your issue is I don't know whether he told the restaurant about his allergy, and I'm not as sure as you seem to be that that's the only factor that matters.

You seem to have missed my other point: It's possible he didn't know he was eating crab *until after he started eating it*. Maybe, after taking a bite or two, he said to his wife, "You know, I think there might be crab in this." Then he could have started having the reaction, which might, or might not, very quickly turn to shock. Allergic reactions are highly variable in how quickly and how severely they progress.

My point (I certainly won't use the word issue) is the article states he was eating what he thought was crab. Why was he eating it if he thought it was crab. Going by knowledge only provided in the article and of Red Robin's procedure, I do not see how the restaurant is liable. I'm basing my thought process on the article and procedural knowledge. If he told the server and hostess "no seafood" and the server believed he ordered the dish with crab, she would have questioned his order. If she did not, the kitchen would have IF he had properly informed the restaurant.

I stand by my belief, the restaurant is not liable.

 

[GB]

Are we talking about the article in the first post? If so then no where in that article does it say the man was eating what he thought was crab.

Even if it did say that, you would not know if his knowledge came before or after he put the food in his mouth. If the article said "the man was eating what he thought was crab" that could mean that he ordered what he knew to be crab or it could mean that he ordered chicken and took a bite and then "knew" that he was eating crab once it hit his tongue and he tasted it or had a reaction.

 

[GB]

Going by knowledge only provided in the article and of Red Robin's procedure, I do not see how the restaurant is liable.

Just because they have a procedure does not mean it was followed.