BOSTON (Legal Newsline) - A hamburger bun will cost a Massachusetts restaurant $110,000 - a figure it recently agreed to pay to settle claims a minor suffered an allergic reaction there.
Lawyers for the family of Payton Smith and attorneys for Northeast Hospitality Group filed the settlement Oct. 3 in Suffolk County Superior Court. The agreement resolves liability for Smith's trip to the hospital following a meal at Cask 'n' Flagon in Marshfield.
Smith has an egg protein allergy and suffered a reaction after eating a hamburger bun that contained egg proteins.
"While the acute symptoms and effects of the reaction were fortunately well-controlled with treatment, Payton suffered anguish of mind and body," the filing says.
"She also developed fear and anxiety relating to social settingss, restaurants and eating in general, for which she has sought reasonable and necessary mental health treatment."
Her parents are each to receive $10,000 for their mental anguish and loss of Payton's companionship. Payton's $90,000 is destined for a savings account for the benefit of her education.
The Smith family is represented by Michael Marshall and Matthew Slater of Tentindo, Kendall, Canniff & Keefe in Boston. NHG is represented by Corey Mastin of the Law Office of John P. Calabrese.