CLARKSVILLE, Tenn. — An Alabama family has filed a wrongful death lawsuit against Publix Super Markets Inc. because of their 11-year-old son's death after eating a cookie they say was mislabeled from a store in Clarksville.
Derek "Landon" Wood, 11, of Sterrett, Ala., died of anaphylactic shock on June 3, 2014, after eating a cookie from the local Publix, which the family says had not been marked as containing a food allergen.
Since he was 4, Landon suffered from a food allergy. His mother, Beth Cline, carried an epinephrine pen for him.
The family was in Clarksville to visit Landon's aunt.
At a bakery counter that displayed ready-to-eat desserts such as cookies, brownies, pastries and muffins, there were no signs at or behind-the-counter warning of allergens or cross-contamination with allergens, the lawsuit said.
According to the lawsuit, before purchasing the cookie, Cline was told by a supermarket associate that a chocolate cookie, called a "Chocolate Chew," did not contain any tree nut allergens.
No label on the cookie disclosed the presence of allergens or a list of ingredients, the lawsuit said.
When the family returned home, Cline took a bite of the cookie, saw there were no nuts, and gave the rest to her son. Landon had three bites of the cookie and was sure there was something in it because his mouth was burning, the lawsuit said.
The cookie did contain walnuts.
Landon was given Benadryl and his mother administered his epinephrine pen to his thigh, the lawsuit said.
Despite receiving various medications, Landon's condition worsened and he became unconscious. His throat swelled while en route to Vanderbilt University Medical Center. Doctors tried without success to resuscitate him.
Brenda Reid, media and community relations manager for Publix Super Markets' Atlanta division, said in a prepared statement regarding the incident: "We were very sorry to hear about the loss of this young man. Our prayers go up for him and his family. However, since this is an open case Publix will not be able to comment about this any further."
Cline and the boy's aunt witnessed the efforts to resuscitate him.
"This has been a nightmare, and their lives have been changed," said Eddie Schmidt, the family's Nashville-based attorney. "The mother and the aunt are grief-stricken and have been shaken to the core.
"The purpose of the lawsuit is to raise the awareness of food allergens that are potentially fatal in children, to have Publix follow the federal law in labeling food allergens and obtain some measure of compensation for the family."
The family is suing the Lakeland, Fla.-based supermarket for mental and emotional distress and suffering, as well as punitive damages in an amount to be determined by a jury. The lawsuit was filed Friday in Tennessee Middle District Court in Nashville.
