Winnipeg woman sues Tim Hortons alleging cream in tea led to hospitalization

A Winnipeg lady is suing Tim Hortons alleging a workers mistake that added cream as a substitute of almond milk to her tea led to a extreme allergic response and stopped her coronary heart for a number of minutes.

The lawsuit for Gabrielle Lien Ho, 25, was filed final week in opposition to the favored espresso and meals chain, together with Restaurant Brands International, which is the corporate that owns Tim Hortons, and the operator of the franchised Winnipeg location that Ho visited.

The assertion of declare alleges the defendants didn’t correctly practice workers on the best way to deal with drink requests that require modifications or substitutions.

The doc additionally alleges Tim Hortons didn’t advise Ho of the dangers of ordering by means of the app and workers on the location didn’t correctly examine the order.

It says Ho’s accidents have been the results of cream being added to her tea as a substitute of almond milk.

None of the claims have been confirmed in courtroom and not one of the firms have filed statements of defence.

An e mail from Tim Hortons on Tuesday stated it will probably’t touch upon the case because it’s earlier than the courts. But the corporate stated it takes allergic reactions critically.

“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,” it stated.

The lawsuit says that on the morning of June 9, Ho ordered a tea utilizing the Tim Hortons cellular app, and he or she changed the dairy possibility with almond milk.

At the time, the declare alleges that there was no additional info on the app so as to add particular directions, together with a warning of an allergy.

Ho says she picked up the beverage from the Tim Hortons at Kildonan Place mall earlier than heading to her shift at a clothes retailer in the identical mall.

“After taking just one sip of her tea, the plaintiff, who has a diagnosed milk protein allergy, immediately began suffering from an allergic reaction,” the lawsuit says.

The doc says Ho then known as her mom, who helped her use an EpiPen, earlier than a co-worker drove her to the closest hospital.

On the way in which to the hospital, Ho’s well being “deteriorated,” says the assertion of declare. It says she was out and in of consciousness and unable to enter the hospital on her personal.

“Various employees of Concordia Hospital performed CPR for approximately eight minutes until the plaintiff’s heart spontaneously restarted,” the doc says.

According to the assertion of declare, she was moved to an intensive care unit at one other hospital, the place she stayed till June 12.

Ho is suing for normal damages for ache and struggling, psychological misery, previous and future lack of earnings and future prices of care, in addition to a belief on behalf of her mom, who has been off work to look after Ho.

Following her hospitalization, the assertion of declare says Ho developed an acute, extreme headache in addition to imaginative and prescient loss and a tingling or burning sensation and weak spot on her left facet.

An MRI additionally discovered Ho confirmed indicators of a situation that may come up after the mind has suffered a interval of an absence of oxygen, says the lawsuit.

The doc says Ho was transferred to a rehabilitation centre June 29.

“To date, the plaintiff continues to work on recovering it remains unknown if the plaintiff will make a full recovery,” the doc 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 says Ho continues to stay with fatigue, tremors and stability points that stop her from collaborating in each day actions with out help.

Jason Harvey, Ho’s lawyer, stated Tim Hortons ought to make adjustments to its app so a scenario like what occurred to his consumer does not happen once more.

“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,” he stated in an e mail.

This report by The Canadian Press was first revealed Nov. 7, 2023.