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What are your thoughts about this lawsuit?

Discussion in 'Adults with Type 1' started by Ellen, Apr 7, 2008.

  1. funnygrl

    funnygrl Approved members

    Nov 2, 2005
    The article said he needed higher than previous insulin doses, so he was already on insulin. Even if he was type 2, 480 isn't an emergency requiring an ambulance ride to a hospital. That's just a waste of resources.
  2. Heather(CA)

    Heather(CA) Approved members

    Jun 18, 2007
    I'm not an adult type 1, I've been in here reading Richard's story...But I have a couple of thoughts.

    At first I was thinking mistakes happen. Him getting the wrong soda, doesn't freak me out, it was an accident. Soda sometimes tastes weird, diet or not. Where they REALLY blew it was by not calling an ambulance for him when he asked for it. That was totally wrong and unacceptable. I'm assuming he's type 2 since he wasn't carrying any insulin on him, if he was type 1, he should have had insulin. Because they didn't call the ambulance as he asked, I think they should owe him SOMETHING. They should pay for his expences on both trips, and probably some extra for good measure. There is a message that needs to be sent here. But 800,000.00? That seems extreem. I also doubt that there are really more problems since it happened, (although I could be wrong) That, sounds like the lawyer talking, or him exaggerating, probably both... Just so you know...I didn't read any other responses before giving mine.

    I just read the other posts...If he's type 2 a 480 could be a major thing that made him feel very bad. It's my opinion that an ambulance should be called anytime it's requested. If Seth was 480 I would give him water and a correction. Type 1's are more used to the ups and downs IMO. So no way would we need an ambulance. We don't know how bad this guy felt, what if he drove and killed someone in an accident on the way to the hosp? He also didn't know the area, he probably had no idea how to get to the nearest hosp...Better safe than sorry.
    Last edited: Apr 16, 2008
  3. jcanolson

    jcanolson Approved members

    Apr 7, 2008
    If he was was just doing a 'quick' business lunch with a potential client, then I could understand why he wouldn't bring his stuff with him, especially if he is Type 2.

    He was doing a quick business lunch at Dollywood? It takes about 2 miles of walking to get from the parking lot to any of the restaurants there!
  4. karpoozi123

    karpoozi123 Approved members

    Dec 16, 2005
    Even if he needed an ambulance and the ER to deal with his 480, I don't understand how he could say that it had any lasting effect on his diabetes.
    One 480 wasn't going to make him suddenly need insulin for life. :confused:
  5. Lee

    Lee Approved members

    Oct 5, 2006
    I don't know for sure about that...when my T1 DD goes high and gets stuck there, her insulin needs will increase sometimes, by like 1/2 a unit.

    For a T2, maybe that was the trigger that made him have to start taking insulin...ya know what I mean? We ALL know about triggers, because we either experienced them ourselves, or watched our kids experience them...
  6. deafmack

    deafmack Approved members

    Sep 22, 2006
    One high of 480 due to drinking coke does not a lawsuit make. First the plaintiff had a responsibility to mitigate damages to lessen damages that may arise. Also why did he not have his insulin with him and when he noticed a strange taste why did he continue to drink it? There are times when I have asked for diet coke and have received regular and I refuse to drink it. The fact that he knew it did not taste right should have been a red flag to him and he should have stopped. The other thing is there is no way he could have received permanent life long damage over a blood sugar of 480. Many of us have been higher than that and we are still hopping about. I do not blame others for my blood sugars going that high and I feel it is my responsibility to get them down to a safer level. What irreversible damage did he sustain? I think this lawsuit is headed for dismissal.
  7. melanie46721

    melanie46721 Approved members

    Apr 23, 2008
    eating out

    I have had this same thing happen to me at a restaurant also. I had my own insulin with me to correct the problem, and suffered no long term side effects. I agree that this is the risk we take for eating out. I now only go to places where I can get my own drinks. I think our country is just sue happy and will sue anyone for anything. I'm still waiting for the day that a child sue's their parents for a hereditary disease.
  8. Mermaid

    Mermaid Approved members

    Apr 15, 2008
    Cheaper and easier than a meter is a glucostick. More to carry around but I keep a bottle in my purse and use them on a regular basis. Anyone ever try to convince McDonalds or BK that their soda is hooked up wrong and the regular is coming out the diet?
  9. Knoxs_dad

    Knoxs_dad New Member

    Jan 2, 2008
    After reading this does anyone wonder why companies may consider NOT hiring someone with diabetes? This lawsuit is an embarassment to all people who are diabetic.
    Did the dollywood staff error? They sure did.
    Is DollyWood responsible for managing this man's diabetes? Absolutely not!!
    When in doubt, don't eat or drink it. Clearly, he noticed something not right about his Diet Cokes. I can smell the sugar as it hits the table. And did he eat anything with all those Diet Cokes? Seems that there is plenty of blame pie here for all involved.
    Shame on this man for not taking the opportunity to ask for a little puublic awareness for the DollyWood employees! A perfect chance to educate wasted away for greed.
  10. Shutterflymomma

    Shutterflymomma Approved members

    Jan 13, 2009
    His negligence to have the necessary "tools" of a diabetic handy (if he was indeed Type 1-and not diet/pill controlled Type 2) aside-I kinda agree with the suit. Like Dave said, I have tasted the new Coke Zero, and it tastes too much like the real thing for my tastes. I have had to have my husband taste drinks before because I'm just not sure. Now, yes, I would have just switched to water if I didn't think it was right, but it boils down to the fact that the waitress lied and did not check, someone screwed up and hooked the wrong tank up, and then the park screwed up BIG TIME by not getting the guy an ambulance. he asked them to call one, and they didn't? What's up with that?

    Did I miss somewhere in there that he was Type 1? I didn't see it. If he was Type 2 (which seems really likely to me) then he may very well never have had a 480, ya know? And I will say that after having my sugars under control for some time now, 300 makes me sick.

    Just my 2 cents. Take them for what they're worth. I just think the park/restaurant really didn't take the situation seriously at all.
  11. Lisa P.

    Lisa P. Approved members

    May 19, 2008
    Can I quote you (I mean, besides a forum quote)?
  12. Reese'sMom

    Reese'sMom Approved members

    Jan 18, 2009
    Jacob's Dad is right...this appears to be a very calculated attempt to take advantage of an error at the restaurant...and he probably will win. That's the sad state of our legal system and the whole lack-of-personal-responsibility-/victim-culture that it has fostered. Something isn't perfect? Oh, great, who can we blame and how can we eggagerate it to get some $$?

    And Kelton thanks for the tip on checking the drink with the meter and ketostix.;)
  13. kennywayne

    kennywayne New Member

    Apr 17, 2011
    No trust

    When diabetic eats at a place. The place advertises diet coke, and they are responsible for that. Coke zero does taste like regular coke. Food and sugar drinks are like medicine to a diabetic, and the establishment should be responsible for what they serve and whom they hire to serve it. A diabetic can make mistakes as all diabetics know. As for his insulin and meter he should have had it with him. But to the contrary dollywood should be held liable because they were asked, and the diabetic may have forgotten his meter and insulin, and took the nessesary precautions because of that. Because of the distrusting waitstaff he fell victim to a mistake that was probably made because they were out of diet coke and put coke in its spot. Diabetics should have the right to trust people and what they say if they choose to as well without falling victim to the neglect of Dollywoods staff. I have been done this way, and when you say something about mistakes made like this you just might get a loogie or some visine put in your food.
  14. kimmcannally

    kimmcannally Approved members

    Feb 28, 2010
    Make sure it's Glucostix, not Ketostix! :) If your coke has ketones, something is definitely wrong! ;)

    For the lawsuit guy, I think he's an idiot. Whether he is T1 or T2, he should have switched to water if the coke tasted off. If he was suspicious it had arsenic in it, he sure wouldn't have continued to drink it. I think he's just looking for money. And an ambulance for a 480?! Drama llama. Someone needs to tell the man about glucostix and teach him how to take care of himself instead of depending on strangers.
    The waitress should have checked thoroughly the first time, yes. But ultimately, it's up to that man to take care of himself.
  15. Amy C.

    Amy C. Approved members

    Oct 22, 2005
    I wonder how the suit turned out. The date on the original posting is 2008 -- over three years ago.
  16. Ronin1966

    Ronin1966 Approved members

    Feb 18, 2010
    Hello Ellen:

    Stupidly ridicilous on the face of it. More complex below the surface...
    Are WE ALONE are responsible for our health, and its outcomes? Or can others bear legal responsibility if we, the diabetics/their families fail to catch such stupid mistakes?

    Before a jury of his diabetic peers he'd rightly be drawn and quartered IMV, (sic. and should be).
  17. GenTink

    GenTink Approved members

    May 25, 2011
    I think he'll win, but don't think he should. Personal responsibility man. If he felt poorly he should have a) checked his BG to see if that was why and b) stopped drinking the pop if he suspected that was it. IMO anyways.

    I do think his treatment after the fact sucked though. Asking him to drive? Really?
  18. Amy C.

    Amy C. Approved members

    Oct 22, 2005
    The lawsuit is probably long settled. The original date was 2008.
  19. sarahspins

    sarahspins Approved members

    May 5, 2009
    Interesting.. I hadn't read this one before.

    Back in January, I had a head cold.. I went to Mighty Fine with my mom for lunch (it's an Austin burger place)... I got a burger, and a drink, which is SELF SERVE, and I drank my "diet coke", with two or three refills (how many, I don't know, I wasn't counting) since we had been remodeling our kitchen which was a lot of work and I wasn't taking in fluids like I should have been that day, combined with being sick, I was thirsty. I wouldn't have been able to tell if it tasted "off" at the time because quite honestly everything did.

    My BG was fine before lunch (yes I did check!), and it didn't occur to me that the drinks I was sucking down it might not have been diet because I got them myself. A "HI" on my meter maybe 90 minutes after lunch (the first I have gotten in YEARS AND YEARS) was the first indication I had that maybe something was going on.. no way would I have ended up that way after just a burger... and definitely not that fast! Thankfully I still had the cup, and I tested the contents, and yep, definitely NOT DIET. No ketones and I generally felt fine (maybe a bit thirsty - oh the IRONY!)

    It happens. I treated the high, and I was pissed off for a while, but it wasn't the end of the world. I did go back and inform the manager of the problem (who really could have cared less - figures) but it never in a million years would occur to me to SUE them over something like that... why would I? Why would anyone? That's just lunacy.

    Anyways, the end result of that is that I don't trust that it's diet because the fountain says so... sometimes it's not, and all it takes is someone to cook up regular syrup to the "diet" fountain. This has even happened with bottled sodas... they get recalled for this very reason every once in a while.

    I check with my meter if I'm unsure. If I don't check, and there's a problem, I don't think it's anyone's fault but my own. Otherwise I order WATER.. it's pretty hard for them to mess that one up :)

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