By Dennis Romero and Colin Sheeley -
NBC News
The husband of a New York doctor has filed a lawsuit alleging she died of an allergic reaction at Disney World, accusing the Florida resort and a restaurant where she dined of negligence.
The lawsuit alleges that on October 5, the Raglan Road Irish
Pub
and Restaurant served Dr. Kanokporn Tangsuan food that contained allergens, despite repeatedly assuring her that it was free of allergens.
Tangsuan, 42, died that night of a
severe allergic reaction known as anaphylaxis
, according to the medical examiner's autopsy report cited in the lawsuit, filed Thursday in Florida Circuit Court on behalf of her husband, Jeffrey J. Piccolo
The central plaza of Magic Kingdom at Disney World, in Lake Buena Vista, Florida.Associated Press
Disney Parks and Resorts did not immediately respond to a request for comment Monday.
Tangsuan, Piccolo and their mother went to dinner at the restaurant at Disney Springs, a Disney World shopping and dining complex, on Oct. 5, according to the lawsuit.
They decided to eat there believing the restaurant could accommodate their allergies, according to the document.
According to the lawsuit, Disney and Raglan Road have stated that accommodating people with allergies is a priority and that customers can ask staff about specific ingredients.
The couple explained to the waiter who served them that Tangsuan
had severe allergies and could not eat foods with allergens
.
When they asked if certain dishes did not contain allergens, the waiter responded that this would be done if asked, according to the text of the lawsuit.
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The group ordered dishes named
Sure I'm Frittered
,
Scallop Forest
,
This Shepherd Went Vegan
and
Onion Rings
, according to the lawsuit.
They asked about allergens "several more times" and were told "unequivocally" that their food would not contain allergens, according to the court document.
When some of the dishes arrived without the "allergen-free flags," the couple asked again, and the waiter's response was the same, according to the complaint.
After lunch, at approximately 8 pm (Eastern Time), the group separated.
Piccolo returned to the couple's hotel room, which was nearby, and Tangsuan stayed at Disney Springs to go shopping, according to the document.
Around 8:45 p.m. he began having difficulty breathing, entered a nearby restaurant and collapsed "while suffering a severe acute allergic reaction to the food served at Raglan," the complaint stated.
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He used his EpiPen in an attempt to stop
his body's
severe allergic response .
A passerby called 911 and paramedics took Tangsuan to the hospital, the document said.
Piccolo, unaware of the incident, called his mobile phone, but a passerby answered and informed him of what had happened.
He went to the hospital, where staff told him Tangsuan had died, according to the lawsuit.
An autopsy revealed that he had elevated levels of dairy and nuts in his system, according to the lawsuit.
The autopsy report indicated that the manner of his death was an accident.
He also noted that the tests were performed after his death and that their validity and importance "have not been established."
In the lawsuit, the restaurant and Disney Parks and Resorts are named as defendants, and multiple counts of negligence are alleged.
The lawsuit seeks damages in excess of $50,000.
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Nicholas F. DeBellis, an investigator for the plaintiff's attorneys, said in an email that although the lawsuit had not been served on the defendants and they had not formally responded,
their attorneys had been in contact
.
Tangsuan was a doctor at NYU Langone Health, Steve Ritea, a spokesman for the medical center, said in an email Monday.
"We are saddened by the passing of Dr. Tangsuan and [express] our deepest condolences to her family," he said.
Tangsuan is survived by Piccolo.
The couple hoped to have children
, investigator DeBellis said.