Food allergies are becoming increasingly common among children in the United States. According to research, approximately 8% of children in the U.S. now experience some form of food allergy. If you have a child with a food allergy in Massachusetts or any of the surrounding New England states, it’s important that you take proper steps to optimize their safety in the lunchroom.
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However, the school itself also has a responsibility to provide a safe environment. If your child is harmed because a school failed to properly address their food allergy, you may have grounds to file an insurance claim or lawsuit seeking compensation for medical bills and related losses.
Important Information About Food Allergies in Children
Food allergies can take a variety of forms. Researchers have found that the most common foods children may be allergic to are peanuts, milk, eggs from hens, shellfish, wheat, tree nuts, finfish, soy, and sesame.
In preschool-aged children, milk is usually the most common cause of a food-related allergic reaction. In children who are in kindergarten through high school, the most common cause of food allergy reactions is peanut.
Unfortunately, researchers have also discovered that it’s not particularly uncommon for children with food allergies to experience reactions in the school setting. A review of various studies on the subject indicates approximately 16 to 18% of children with food allergies have had episodes in school.
Risks for Children with Food Allergies in the Lunchroom
Currently, there is no universally accepted framework for how schools should address food allergies in the lunchroom or in other settings. As such, different schools may approach this issue in different ways.
Naturally, it’s important that all lunchroom staff be trained to read food labels correctly and to follow proper procedures to minimize the possibility of cross-contamination. All relevant staff should also be educated on the ways in which food allergy reactions may be triggered.
On the other hand, some research has found that steps which may be born of good intentions can potentially have negative consequences. For example, in an effort to reduce hazards for students with peanut allergies, some schools in Massachusetts and other states have adopted strict no-peanut rules. However, it appears that in such schools, usage of norepinephrine to treat food allergy reactions is sometimes more common than in schools where such bans are not in place.
Although it’s not absolutely clear why this is so, some researchers theorize that such blanket bans may instill a false sense of security in both students and staff, resulting in fewer actual precautions being taken on a day-to-day basis.
Regardless, it is important that schools have the proper medical devices and products on hand to treat food allergy reactions, and staff members should know how to identify such reactions and address them when they occur.
It’s also worth keeping in mind that the lunchroom isn’t the only place in a school where a student with a food allergy may be exposed to a trigger. For example, in classrooms, it’s not uncommon for teachers to host parties in which students may indulge in snacks. Depending on the circumstances, some students may even be permitted to consume their own snacks in classrooms. In addition, some classroom projects, particularly in the younger grades, may involve handling food. Because teachers might not receive the same training as lunchroom staff, this could also create a hazardous environment for students with food allergies.
Currently, there is no universally accepted framework for how schools should address food allergies in the lunchroom or in other settings.
Potential Legal Options if Your Child Has a Food Allergy Reaction in a School Lunchroom
Again, although there is no strict legal framework that all schools must abide by in the United States regarding minimization of food allergy risk, schools are nevertheless expected to take reasonable steps to promote a safe and inclusive environment for students with such allergies.
If your child experienced an allergic reaction in the lunchroom or any other school setting, it’s possible this occurred because the school failed to take such steps. These cases are complex. A proper investigation is often necessary to determine whether a child’s allergic reaction resulted from negligence on the part of a school district.
You may not have the resources to carry out such an investigation yourself. Fortunately, you don’t have to.
At Swartz & Swartz, P.C., offering personal injury services to families and children throughout Boston, Massachusetts, and New England, we have the experience necessary to look into your child’s case and determine whether you may have grounds to file a claim or lawsuit. If you decide to hire us, we’ll offer aggressive representation pursuing the compensation you and your child may deserve. Learn more about how we can help by contacting us online today or by calling us at (617) 742-1900 to set up your free consultation.
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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.
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