Man Allergic To Dairy Files Lawsuit Against Restaurant For Allegedly Serving Him Butter

| by Kathryn Schroeder

A Portland man who is deathly allergic to dairy has filed a lawsuit against a local steakhouse after he went into anaphylactic shock at dinner.

Shawn Henschel filed the lawsuit this past week against Portland Prime for the incident that occurred on Aug. 6, 2014.

Henschel claims he asked his waiter how the shrimp scampi was prepared, and the waiter told him it was usually cooked in butter but he would ask the kitchen staff if it could be made without dairy, reports The Oregonian.

“As a result of his multiple past episodes of anaphylaxis occurring after the unintentional consumption of milk or milk products, Shawn Henschel habitually and regularly advises every foodservice establishment that he dines at of his allergy, and that he will develop anaphylaxis and could die if any food prepared for him contains any milk products or proteins,” states the lawsuit.

Henschel’s suit states that the waiter told him the shrimp scampi would not be made with dairy products. It also claims Henschel asked the waiter again when he was served the meal if it was dairy-free and was told it was.

Henschel ate the shrimp scampi and had a terrible reaction about halfway through the meal. He and his girlfriend left the restaurant and drove toward home but his symptoms worsened. His throat swelled, his breathing became labored, his heartbeat raced, his skin turned red, and his entire body itched.

His girlfriend injected him with epinephrine, which he commonly carries with him.

“Mr. Henschel mumbled to his girlfriend that he would die from anaphylactic shock or cardiac arrest if they did not get to an emergency room,” the suit states.

Henschel was taken to the emergency room and monitored to make sure he did not go into cardiac arrest. He was released later that evening but missed the following two days of work as he recovered.

Henschel says he suffered this reaction because the shrimp scampi did indeed contain butter.

The restaurant claims this is an isolated incident and they have never had a complaint before of improperly-prepared food.

“It’s a very isolated incident,” Dave Sandin said, who works for the company that provides insurance to the restaurant. “They’re very quality oriented.”

Henschel cites psychological trauma in his lawsuit, and that his pre-existing condition was exacerbated by the incident at Portland Prime.

The suit seeks $3,176 in medical expenses, $301 in lost wages, and $15,000 for emotional distress.

Sources: The Oregonian / Photo Source: Wikipedia Commons