Young father with nut allergy wins case after being mis-sold “allergy-free” cake

A sweet treat nearly turned fatal for new dad Jack. 

While out with his four-month-old daughter he stopped at local coffee shop near Glasgow to buy some bread when he spotted a “mini egg blondie” cake.

He’s had a serious nut allergy since he was a child and always checks food is safe for him to eat. 

Despite asking two staff members if the cake contained nuts and verbal confirmation it was safe, it wasn’t long before Jack realised they had made a mistake.

The 26-year-old said: “I wouldn’t wish what I went through on my worst enemy. 

“I was walking down Giffnock main street back towards my house, pushing my daughter in the pram when I took that first bite and I immediately realised that it was a nut or a peanut and could tell I was having a reaction.

“Knowing I shouldn’t even be touching anything with nuts I immediately threw the cake in the bin and bought some allergy relief tablets to help with the symptoms while I tried to get home.”

Jack’s condition deteriorated rapidly as his wife drove him to their GP - when they arrived, he was so dizzy he couldn’t stand and started vomiting uncontrollably.

The doctor realised the seriousness of the situation, calling for an ambulance and a rapid response unit to take him to Queen Elizabeth University Hospital in Glasgow.

He was given two doses of adrenaline through an EpiPen – by this time Jack and his wife were fearing for his life. 

While in the ambulance Jack’s throat started to swell and he was wheezing – the paramedics commented they had never seen anyone with as little colour in their face.

He was given a third dose of adrenaline, a cannula of fluid and an oxygen mask with a nebuliser to help him breathe before being transferred to the resuscitation department. 

For the next 24 hours Jack was monitored constantly, given a chest x-ray, steroids, fluids and multiple blood tests. The hospital’s investigation confirmed he had been in anaphylaxis – a life threatening allergic reaction.

Following his discharge from hospital Jack was signed off from work for two weeks and relied on his wife’s help as he struggled with low energy and was unable to care for their young baby.

His confidence took a severe blow - he stopped eating out, unable to trust restaurants and cafes when they said something was allergy safe.

Jack contacted the shop on Facebook to let them know he had suffered a severe allergic reaction to one of their products with the hope of stopping another potentially fatal incident happening.

Still angry he had suffered a life-threatening reaction, despite the staff telling him the cake was nut free, Jack contacted Digby Brown for help. 

After seeing the firm’s adverts and media work he knew our “no win no fee” policy meant it was a low risk option for getting justice. 

Balal Pervaiz, Senior Solicitor in the Product Liability team, took on the case gathering testimony from Jack about what happened and medical evidence proving his serious allergic reaction. 

Under both the Consumer Rights Act 1987 and Consumer Protections Act 2015, Balal knew Jack had a case for an unsatisfactory or defective product. 

Despite the claim being sent and received, the shop refused to take responsibility for Jack’s injuries and did not respond to the legal action against them. 

It was only when Digby Brown raised a court action that the shop contacted their insurance company and agreed to pay a £6,000 settlement.

Jack commented: “Balal was incredible. I’ve never been through this process before and he took me through the case step by step which calmed and reassured me. 

“He answered all my questions and explained everything and if there was no update he would tell me about what was happening in the background.

“I knew they were taking my case seriously and the settlement I received was more than I expected. 

“Its important people understand the seriousness of allergic reactions - it could have been a case of life or death.

“There was one shining light at the end of this and that was getting a bit of justice through Digby Brown.”

Balal said: “It is sheer luck that there weren’t more serious or fatal consequences for Jack. 

“People with allergies have as much right as anyone else to be safe while eating out. 

“It is incumbent on businesses to ensure their allergy guidance is accurate and up to date.”