Do I have a lawsuit against a (major) coffee company?

[Hebster1]

Not sure if this is the correct forum to post in, but I went into the hospital with really bad symptoms after having been at a coffee shop a couple of hours earlier. I asked for a decaf as I am sensitive to more than a certain amount of caffeine (I get a decaf about once a week) I could tell the person didn't really know what they were doing anyway. It wasn't until after I started feeling sick did I suspect I had ingested non decaf drink. Based on my symptoms the doctors said they believed it was something I consumed. I had also eaten an egg sandwich and bagel but had had those before so that's why I think it was the drink. Do I have a lawsuit against them at least for my medical bill? Is there a way to prove that the drink was non decaf? I still have the cup with some of the drink inside however it is somewhat diluted with ice and is 24 hours old now. I am wondering what my options are.

 

[swalsh411]

So let me make sure I understand. You are very allergic to caffeine. You choose to get a coffee drink from a coffee shop. You noticed the employee was not paying attention but you drank it anyway?

 

[justalayman]

You do realize that decaffeinated coffee does have caffeine in it, right? It is simply a reduced amount of caffeine.

so, how many cups of coffee did you drink? how many ounces in each serving?

 

[sandyclaus]

Not sure if this is the correct forum to post in, but I went into the hospital with really bad symptoms after having been at a coffee shop a couple of hours earlier. I asked for a decaf as I am sensitive to more than a certain amount of caffeine (I get a decaf about once a week) I could tell the person didn't really know what they were doing anyway. It wasn't until after I started feeling sick did I suspect I had ingested non decaf drink. Based on my symptoms the doctors said they believed it was something I consumed. I had also eaten an egg sandwich and bagel but had had those before so that's why I think it was the drink. Do I have a lawsuit against them at least for my medical bill? Is there a way to prove that the drink was non decaf? I still have the cup with some of the drink inside however it is somewhat diluted with ice and is 24 hours old now. I am wondering what my options are.

What kind of symptoms did you experience and what was the extent of the medical treatment you are asking to be reimbursed for?

Unless these symptoms were directly related to the coffee you drank, it's also possible that they were caused by the egg sandwich or the bagel. You'd have to prove exactly what caused the problem in order to determine who might be responsible for it.

I'm really not seeing a lawsuit out of this situation.

 

[Proserpina]

You do realize that decaffeinated coffee does have caffeine in it, right? It is simply a reduced amount of caffeine.

I wish more people were aware of that.

For anyone loosely interested, a fun (and accurate) database:

http://www.energyfiend.com/the-caffeine-database

See how much caffeine your decafs actually contain

 

[Hebster1]

Let me break down my question some more. Like I stated I get a decaf coffee (mocha to be specific) once a week sometimes every other week usually from the same company, not always same location though. I am not (officially anyway at this point) allergic to caffeine. People can have varied degrees of sensitivity to caffeine without being allergic to it and can have certain amounts without being affected by it. Everybody is different with how much they can handle. I can and have for years been getting a decaf (same amount of drink) and have had no problems. When I say the person making the drink didn't seem to know what he was doing I mean he asked me how much milk I wanted in my drink when the drink is always made the same and that to me said he hasn't been making the drink very long. It didn't say to me he would completely ignore the directions on the drink and didn't make it a decaf. I didn't even think about that may have happened until after I started feeling sick. Basically I want to know if because I asked for a decaf and may have not gotten one causing me do be ill what I can do at this point. Does anyone have any legal advice? There was nothing else I did or consumed that would make me so ill. All signs point to that and I don't think it's right they get away with it and I'm stuck with some hospital bill because of it.

 

[Hebster1]

@justalayman and proserpina, yes I do know. Not everyone does unfortunately but I do. Please read my last post stating how everyone has a different tolerance level, etc.

 

[justalayman]

so, what were your damages?

did you suffer anything other than a caffeine high you did not enjoy?

 

[Proserpina]

I believe you will find it nigh on impossible to prove that the beverage was the cause of your ills.

It is far more likely that the egg sandwich was the issue.

(Or at least, an ingredient therein)

 

[Hebster1]

Symptoms

@Sandyclaus, my symptoms were diarrhea, nausea, some stomach pain, dizziness, anxiousness/extreme edgy feeling (like the kind when you have way too much caffeine), flushed feeling from my neck up, red blotches on my face, headache, feeling like I'm going to pass out and just overall sick feeling. Not all symptoms were there from the onset, some came up over the course of the 3-4 hrs this was all happening. Because I had some of those symptoms before from caffeine related drinks (before I new I had sensitivities) they think it was connected however they think it was more severe because I haven't had a full blown caffeinated drink like that in a while and they think that's why it reacted stronger. They gave me a benadryl, ibuprophen, and a naseau pill to see if that would work. It helped to bring the symptoms down but I could barely sleep last night regardless of the fact I was tired and I still have some sick feelings today. Because I had had the other foods before they don't think it was that however there is a possibility they could have been tainted. However in a case like that I would imagine other people would get sick as well. Regardless of whether it was the food or drink though doesn't matter most that whatever I ingested that made me ill came from that establishment?

 

[ecmst12]

Eating something that doesn't agree with you doesn't mean anyone else eating at the same place will get sick. It just means it didn't agree with you.

You would have noticed pretty quickly if there was caffeine in your drink. It would not take 3-4 hours.

 

[Proserpina]

If there was a legitimate issue with contaminated egg salad, for example, the local medical community would likely be aware and thus so would the state.

I do not believe you have won the lawsuit lottery.

 

[justalayman]

your damages are minimal and none are long lasting. A lawsuit would cost you much more than any money won, if you did win which is questionable. You will not find a lawyer to take this on contingency since the amount of money is so minimal.


Contact the headquarters of the coffee shop and ask them to reimburse you for the costs. They might do so out of public relations. If they refuse, consider how much you want to spend to win (or attempt to win) a couple thousand dollars.

 

[Hebster1]

@justalayman, are you really that ignorant? Caffeine high I didn't like? Why don't you get educated about things. (And try saying that to everyone who have food sensitivities and see how you get out of that one ) I don't consider what I went through (or what other people go through when they have severe reactions to something) something anyone else would enjoy either. Unless you personally like feeling so sick that you think your dying or something enough to warrant a hospital visit, if so clearly you have issues. And what's up with there always being one person on forums that have to have a nasty attitude towards people just seeking help? I don't understand the hate. I thought I was on a forum where people with legal knowledge (lawyers, law students) help others. No? I'm not looking for answers from people who have nothing better to do than troll.

 

[Hebster1]

If there was a legitimate issue with contaminated egg salad, for example, the local medical community would likely be aware and thus so would the state.

I do not believe you have won the lawsuit lottery.

Exactly that's why I think it was the drink (for the record though it was a breakfast egg sandwich, not that it makes much difference)