Wrong milk triggered life-threatening reaction, left woman disabled, lawsuit against Tim Hortons alleges

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This article was published 07/11/2023 (718 days ago), so information in it may no longer be current.

A Winnipeg woman is suing Tim Hortons, claiming staff incorrectly put dairy milk in her tea, causing her to suffer a severe allergic reaction that stopped her heart and left her with debilitating injuries.

According to a statement of claim filed in Court of King’s Bench on Nov. 1, the 25-year-old plaintiff is seeking damages for pain and suffering, mental distress, loss of income and ongoing medical expenses relating to a June 9 incident that saw her rushed to the hospital in distress.

The lawsuit is targeting the company and one of its subsidiaries, along with the operator of the Tim Hortons at Kildonan Place Mall.

The plaintiff, who has been diagnosed with a milk protein allergy, used the Tim Hortons app to order tea with almond milk while working at a retail store in the mall. While placing the online order, there was no option to describe her allergy or provide special instructions to staff, the suit says.

“After taking just one sip of her tea, the plaintiff, who has a diagnosed milk protein allergy began suffering from an allergic reaction,” it continues, describing how the woman called her mother, who helped her administer an EpiPen on herself.

A co-worker then drove the woman to the hospital, as she wavered in and out of consciousness. When the pair arrived at the hospital, the plaintiff was unresponsive and her heart was not beating. Emergency staff performed CPR on her for about eight minutes, until her heart “spontaneously restarted,” the suit says.

According to the claim, the woman was placed in an intensive-care unit at Health Sciences Centre and intubated overnight. When she woke the next day, she experienced confusion, restlessness and focal neurological deficits. She later suffered seizures, paralysis in her left side, headaches, vision loss and numbness.

An MRI performed at the hospital indicated she was suffering from post-hypoxic leukoencephalopathy — a condition that can arise after the brain has been deprived of oxygen, the suit says.

The woman’s condition improved by the end of June and she was transferred to the Riverview Health Centre, where she underwent rehabilitation for an acquired brain injury. After four weeks her vision had improved, but she continued to have weakness and impaired dexterity in her left arm and hand, balance issues and fatigue.

“To date, the plaintiff continues to work on recovery,” the suit says. “The plaintiff has lost her independence and requires care. She has had to move into her mother’s home so that her mother can care for her.”

The lawsuit claims Tim Hortons is culpable on several fronts, including failing to properly train staff on non-dairy substitutions, failing to include a section in its app to for consumers to identify allergies and failing to warn the woman of allergen risks.

On Tuesday, Tim Hortons said it could not comment on the allegations because they are still before the courts.

“At Tim Hortons, we take allergies seriously and procedures are in place to reduce the risks of cross-contamination of allergens. While we communicate with guests that Tim Hortons restaurants are not a 100 per cent allergen-free environment, we do take preventative measures to reduce the risk for guests with allergies,” a spokesperson said via email.

Tapper Cuddy LLP lawyer Jason Harvey, who is representing the Winnipeg woman, issued his own statement, reaffirming his client’s commitment to the claim.

“It is now commonplace that companies utilize online apps to sell their products. It is also common that members of the community suffer from allergies. Where an online application sells a product meant to be ingested, it should be expected that it provide an opportunity for consumers to advise of any allergy concerns in order to ensure the safety of all consumers. Otherwise, there is a risk of the type of significant reaction and injuries that occurred in this case,” he wrote in an email statement.

Tim Hortons is also facing another lawsuit filed in March by an Ontario woman. In that case, the 73-year-old plaintiff is seeking $500,000 in damages, after allegedly suffering second-degree burns on her stomach, genitals and legs from spilled hot tea.

Neither set of allegations have been tested in court.

tyler.searle@freepress.mb.ca