Tim Hortons sued by Canadian woman claiming cream in tea led to hospitalization
A Canadian woman is suing Tim Hortons, claiming that a staff error of putting cream in her tea instead of the almond milk she asked for led to a severe allergic reaction that got her hospitalized.
Winnipeg resident Gabrielle Lien Ho filed the lawsuit against the major coffee chain and Restaurant Brands International, the company that owns Tim Hortons, last week.
The lawsuit claims that Tim Hortons failed to train employees properly on how to handle drink modifications or substitutions and that staff at the location failed to thoroughly check the order. It also accuses the franchise of failing to warn Ho about the risks of ordering through the app.
In an email to Daily Hive, Tim Hortons said it cannot comment on the case as it’s before the courts. However, it did say that it takes allergies seriously.
“While we communicate with guests thatĀ TimĀ Hortons restaurants are not a 100% allergen-free environment, we do take preventative measures to reduce the risk for guests with allergies,” said the company.
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“Her heart had stopped beating”
According to the statement of claim, Ho was working at a retail store in Kildonan Place ā a mall in Winnipeg ā on June 9 when she decided to order a tea with almond milk using the Tim Hortons app.
She selected tea as the beverage she wanted and proceeded to specify that she wanted non-dairy almond milk in it in the “Dairy Drop-Down Options” on the app.
There was no further prompt to add special instructions to the order to flag Ho’s diagnosed milk protein allergy, according to the lawsuit.
Ho then went to pick up the order at a Tim Hortons in the mall and returned to continue her shift at work.
However, the lawsuit claims that after just one sip, Ho immediately started having an allergic reaction.
Ho called her mom, who helped her administer the Epi-Pen that she had. A coworker then drove her to the nearest hospital, Concordia Hospital, according to the lawsuit.
On the way there, Ho’s health deteriorated as she went in and out of consciousness, unable to walk herself into the hospital.
“The Plaintiff’s coworker located a wheelchair and rushed the Plaintiff into
Concordia Hospital. At that time, the Plaintiff was non-responsive and in a state of
Pulseless Electrical Activity, meaning her heart had stopped beating,” reads the statement of claim.
“Various employees of Concordia Hospital performed CPR for approximately eight minutes until the Plaintiff’s heart spontaneously re-started.”
Ho was transferred to another hospital’s mobile intensive care unit until she was discharged on June 12, according to the statement of claim.
The aftermath
The lawsuit alleges that Ho has experienced several health repercussions after the severe allergic reaction.
It lists acute severe headache, vision loss, paresthesia, and left-sided weakness.
“An MRI was consistent with delayed post-hypoxic leukoencephalopathy ā a condition that can arise after the brain has suffered a period of lack of oxygen,” reads the statement of claim.
The lawsuit says she also suffered from myoclonic seizures and abnormal, jerky movements.
According to the statement of claim, Ho continues to work on recovering by seeing movement doctors and specialists. She is awaiting a referral to an occupational therapist and speech rehabilitation specialist.
“She has been prescribed a variety of medications and has had her license suspended for six months since the date of her last seizure (June 15, 2023),” reads the lawsuit. “As of the date of filing this claim, it remains unknown if the Plaintiff will make a full recovery.”
Overall, Ho is suing for general damages like pain and suffering, mental distress, damages for past and future loss of income and damages for future costs of care.
Her lawyer, Jason Harvey, says Tim Hortons needs to take people with allergies into consideration when it comes to improving its app.
“Where an online application sells a product meant to be ingested, it should be expected that it provides 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 told Daily Hive over email.
So far, none of these claims have been proven in court, and neither Tim Hortons nor Restaurant Brands International have filed statements of defence.
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