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Ophelia
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remember, when Gulliver traveled....
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by ave1024
Posted by prncsslehcar
I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it?
No because she is an at-will employee and she chose to work there.
I believe you need to be in a protected class to have a discrimination case.
Do you think the same rules apply to somebody who wants to work at NSAL that happens to be allergic to dogs? You simply don't work there.
uh no.
it's not like she worked at a Peanut farm. or for reeses or skippy.
she worked at a baby TOY and CLOTHING store.
first of all, they shouldn't even be selling candy there. that is why half of americans are fat asses.
ftr, I just ate a bagel with peanut butter on it. in an office. she wouldn't have been "safe" here either.
and while I do think some peanut allergies are exaggerated, CLEARLY this one is not.
and even if they didn't believe the note, her FIRST stint in ICU should have been more convincing.
they are negligent here.
Message edited 2/18/2010 10:35:46 AM.
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Posted 2/18/10 10:35 AM  |
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DiamondGirl
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DiamondMama
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by Blu-ize
Wait until she claims PTSD from almost dying and being in the ICU.
I doubt an attorney would take on her case if she didn't have one. There are all kinds of angles.
It is certainly possible that she can get some sort of settlement....I am just doubtful bc of Nassau county's reluctance to pay out on law suits....(from what my family has told me--they rarely take cases in Nassau for that reason--unless there is real serious injury)
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| Posted 2/18/10 10:35 AM |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
Name:
remember, when Gulliver traveled....
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by DiamondGirl
Posted by Blu-ize
Wait until she claims PTSD from almost dying and being in the ICU.
I doubt an attorney would take on her case if she didn't have one. There are all kinds of angles.
It is certainly possible that she can get some sort of settlement....I am just doubtful bc of Nassau county's reluctance to pay out on law suits....(from what my family has told me--they rarely take cases in Nassau for that reason--unless there is real serious injury)
she is suing the county of nassau?
that's funny. I used to do IME's for the county. the doctor I worked for was contracted with them.
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| Posted 2/18/10 10:36 AM |
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DiamondGirl
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Member since 7/09 18802 total posts
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
first of all, they shouldn't even be selling candy there. that is why half of americans are fat asses.
I just choked on my coffee
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| Posted 2/18/10 10:36 AM |
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DiamondGirl
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by Ophelia
Posted by DiamondGirl
Posted by Blu-ize
Wait until she claims PTSD from almost dying and being in the ICU.
I doubt an attorney would take on her case if she didn't have one. There are all kinds of angles.
It is certainly possible that she can get some sort of settlement....I am just doubtful bc of Nassau county's reluctance to pay out on law suits....(from what my family has told me--they rarely take cases in Nassau for that reason--unless there is real serious injury)
she is suing the county of nassau?
that's funny. I used to do IME's for the county. the doctor I worked for was contracted with them.
The store is in Nassau so it would be under their jurisdiction--but that is a good point that I totally overlooked--perhaps they will get more than I thought bc it isn't Nassau they are suing but a corporation.... I dont really know how that works....
Message edited 2/18/2010 10:38:43 AM.
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| Posted 2/18/10 10:37 AM |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
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remember, when Gulliver traveled....
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by DiamondGirl
Posted by Ophelia
Posted by DiamondGirl
Posted by Blu-ize
Wait until she claims PTSD from almost dying and being in the ICU.
I doubt an attorney would take on her case if she didn't have one. There are all kinds of angles.
It is certainly possible that she can get some sort of settlement....I am just doubtful bc of Nassau county's reluctance to pay out on law suits....(from what my family has told me--they rarely take cases in Nassau for that reason--unless there is real serious injury)
she is suing the county of nassau?
that's funny. I used to do IME's for the county. the doctor I worked for was contracted with them.
The store is in Nassau so it would be under their jurisdiction
ah, so you are saying the courts/jurors are stingy.  I get that. good for them!
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| Posted 2/18/10 10:39 AM |
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DiamondGirl
You are my I love you
Member since 7/09 18802 total posts
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DiamondMama
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by Ophelia
Posted by DiamondGirl
Posted by Ophelia
Posted by DiamondGirl
Posted by Blu-ize
Wait until she claims PTSD from almost dying and being in the ICU.
I doubt an attorney would take on her case if she didn't have one. There are all kinds of angles.
It is certainly possible that she can get some sort of settlement....I am just doubtful bc of Nassau county's reluctance to pay out on law suits....(from what my family has told me--they rarely take cases in Nassau for that reason--unless there is real serious injury)
she is suing the county of nassau?
that's funny. I used to do IME's for the county. the doctor I worked for was contracted with them.
The store is in Nassau so it would be under their jurisdiction
ah, so you are saying the courts/jurors are stingy. I get that. good for them!
YES! I edited it to say that since it is a corportation and NOT the county perhaps they will make the corp pay out..who knows
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| Posted 2/18/10 10:40 AM |
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Kate
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Kate
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by prncsslehcar
I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it? If she was in a wheelchair, would you tell her to find a job with ramps and an elevator? I mean, come on, now. It's not like she had a reaction and sprang the news on her employer afterwards. It sounds like she was responsible and an advocate for herself and no one took her seriously. That's terrible.
I agree!
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| Posted 2/18/10 10:42 AM |
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OStewarts
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by Kate
Posted by prncsslehcar
I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it? If she was in a wheelchair, would you tell her to find a job with ramps and an elevator? I mean, come on, now. It's not like she had a reaction and sprang the news on her employer afterwards. It sounds like she was responsible and an advocate for herself and no one took her seriously. That's terrible.
I agree!
I am too!
The bottom line is that federal statutes REQUIRE employers to reasonably accommodate employees with disabilities. In this case, BRU could have done so. It's not like she applied for a job in a peanut factory, where its unlikely that the employer would be able to accommodate her!! Here, the employee notified BRU of her disability and she asked not to be assigned to work near the registers, where the employer stocks the peanuts. Apparently, they failed, in part, to keep her away from the merchandise and she claims it caused her injury.
This is not a case where some rogue customer walked through the store eating peanuts, causing her injuries. Rather, it was completely within the employer's control to prevent the injury. Based on the limited facts set forth in the news clipping, I think her case has arguable merit.
Now, whether its a 3 million dollar injury is another story, but I just wanted to highlight that the law places the burden on employers to accommodate their employees.
Message edited 2/18/2010 11:14:20 AM.
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| Posted 2/18/10 11:12 AM |
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ave1024
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
I am sure there are some people with peanut allergies and perhaps this person in question has a severe case.
But in terms of peanut allergies in general... how come this was never a real public issue 20 years ago? Even 10 years ago? I'm talking medically. Did we just get weak as a society?
As a kid, I used to love taking in my peanut butter and jelly sandwich to school every day. It's not like kids were dropping like flies left and right when I opened my lunch bag. Now I hear you can't even bring these sandwiches to school... PERIOD.
You also very RARELY (say 10-15 years ago) heard of an airplane refusing to serve peanuts on the flight because of a food allergy. It just wasn't commonplace (at least with the media).
Why the sudden change in society? It's like every month now I hear about someone's peanut allergy. Never heard a peep from anyone 10-20 years ago.
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| Posted 2/18/10 11:12 AM |
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CathyB
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by ave1024
I am sure there are some people with peanut allergies and perhaps this person in question has a severe case.
But in terms of peanut allergies in general... how come this was never a real public issue 20 years ago? Even 10 years ago? I'm talking medically. Did we just get weak as a society?
As a kid, I used to love taking in my peanut butter and jelly sandwich to school every day. It's not like kids were dropping like flies left and right when I opened my lunch bag. Now I hear you can't even bring these sandwiches to school... PERIOD.
You also very RARELY (say 10-15 years ago) heard of an airplane refusing to serve peanuts on the flight because of a food allergy. It just wasn't commonplace (at least with the media).
Why the sudden change in society? It's like every month now I hear about someone's peanut allergy. Never heard a peep from anyone 10-20 years ago.
My son's allergist told us that it's believed that the increased use of peanut oil in processed food in the US is a big part of it. She said that there has been a huge increase in the number of sesame allergies in Israel for the same reason. Some doctors feel that the increased use of anti-bacterial products are also to blame.
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| Posted 2/18/10 11:17 AM |
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pinkandblue
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by prncsslehcar
I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it? If she was in a wheelchair, would you tell her to find a job with ramps and an elevator? I mean, come on, now. It's not like she had a reaction and sprang the news on her employer afterwards. It sounds like she was responsible and an advocate for herself and no one took her seriously. That's terrible.
I agree 100%, I hope she gets every dollar she requested
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| Posted 2/18/10 11:19 AM |
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pinkandblue
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Stephanie
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by Ophelia
it's not like she worked at a Peanut farm. or for reeses or skippy.
she worked at a baby TOY and CLOTHING store.
first of all, they shouldn't even be selling candy there. that is why half of americans are fat asses.
.
this made me I  your candor
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| Posted 2/18/10 11:21 AM |
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CathyB
Member since 5/05 19403 total posts
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by prncsslehcar
I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it? If she was in a wheelchair, would you tell her to find a job with ramps and an elevator? I mean, come on, now. It's not like she had a reaction and sprang the news on her employer afterwards. It sounds like she was responsible and an advocate for herself and no one took her seriously. That's terrible.
Rachel I was looking at it more like a common sense/personal responsibility thing. I'm really allergic to cinnamon. This past Halloween I walked into a Michael's and my throat closed up from those cinnamon pinecones they sell from before Halloween to Christmas. So I would never consider applying for a job there since I can't breathe in there due to some of their products.
Anyone who has spent any time at all in BRU has seen peanut products in the food section, which is relatively close to even the furniture section in the stores I've been in, as well as near the registers. I know that after the first incident I'd have been looking for another job in an actual furniture store or at a clothing only store.
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| Posted 2/18/10 11:23 AM |
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DRMom
Two in Blue
Member since 5/05 20223 total posts
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Melissa
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by prncsslehcar
I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it? If she was in a wheelchair, would you tell her to find a job with ramps and an elevator? I mean, come on, now. It's not like she had a reaction and sprang the news on her employer afterwards. It sounds like she was responsible and an advocate for herself and no one took her seriously. That's terrible.
ITA
And
Posted by ave1024
I totally agree.
I also think many (not all... many) of these peanut allergies are a little exaggerated anyways. Anyone can get a doctor's note.
Where were all these severe peanut allergy cases 20 years ago?
REALLY? REALLY???? I am sorry but this is about the most idiotic thing I have ever seen written. WHY would someone do this? Why? My 15 month old son needs to be constantly watched because of a peanut allergy. He needs to be with me or someone who is aware of this allergy and be watched like a hawk. I have to carry around an epi-pen. Trust me no one would wish this for themselves or their children EVER!
And here is some information should you choose to become informed:
Why the increase in peanut allergies?
Studies show that there has been a sharp increase in peanut allergies over the last 5-10 years, particularly in children, not only in the US but in Australia and the UK. A common question is why? Although no definitive answer is available, there are several theories:
that we introduce peanuts to children too early;
the increased use of soy in formula and other processed food (soy and peanut are both beans);
and the use of roasted peanuts in food (heating changes the protein which the body is more likely to react to), rather than raw/boiled peanuts.
The hygiene hypothesis which believes that our immune systems have little to fight anymore because we live in a cleaner, healthier, antibacterial world and therefore, the immune system reacts to certain food proteins and mistakes them for a threat.
A lowered immune function due to increased antibiotic use, vaccinations, high processed food and pesticide use are also factors to be considered.
The smell of peanuts or even second hand contact like kissing or shaking hands with someone else who has eaten a peanut product has been reported to produce an allergic reaction. People with severe peanut allergy are at risk of suffering anaphylactic shock.
Oh and BTW-do you know what happens when you suffer anaphylactic shock that is untreated? You DIE!
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| Posted 2/18/10 11:26 AM |
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anonttcer
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Meaning a NON ttcer!
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
I can't comment on the lawsuit, but all I know is that if I had an allergy THAT severe I'd be scared to leave my house!
You couldn't be on a train, or a bus, or in a movie theatre or restaurant or bar etc etc etc
Peanuts and peanut containing products and people eating them could be ANYWHERE.
Think about on a plane where they serve peanuts and there is no fresh air! She could never really fly anywhere if you think about it.
That is extremely scary!
Message edited 2/18/2010 12:01:05 PM.
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| Posted 2/18/10 11:33 AM |
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Erica
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
where is the compassion for our fellow human beings? I can't believe a person (the manager) knowing another human has an allergy would disregard someone's health and threaten termination in this economy! that's pretty low.
seriously?
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| Posted 2/18/10 11:37 AM |
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1stimemom
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Mrs Dee
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
BRU was 100% wrong for not accommodating her request to remove the offending candy. Especially after she had shown them medical proof. However, suing the county for $3million? a bit excessive, IMO.
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| Posted 2/18/10 11:43 AM |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
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remember, when Gulliver traveled....
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by 1stimemom
BRU was 100% wrong for not accommodating her request to remove the offending candy. Especially after she had shown them medical proof. However, suing the county for $3million? a bit excessive, IMO.
that's more of a legal strategy. they sue for a large amount b/c they will be beholden to it throughout the life of the suit.
Posted by Erica
where is the compassion for our fellow human beings? I can't believe a person (the manager) knowing another human has an allergy would disregard someone's health and threaten termination in this economy! that's pretty low.
seriously?
don't you know...we have to SUE it out of people now. 
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| Posted 2/18/10 11:46 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
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That Led To The Wrong Tendencies
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by DRMom
REALLY? REALLY???? I am sorry but this is about the most idiotic thing I have ever seen written. WHY would someone do this? Why? My 15 month old son needs to be constantly watched because of a peanut allergy. He needs to be with me or someone who is aware of this allergy and be watched like a hawk. I have to carry around an epi-pen. Trust me no one would wish this for themselves or their children EVER!
Oh please. You make it sound like I am wishing peanut allergies on people. Give it a rest. I am totally aware there are serious cases out there and if you would have read my subsequent post you would have seen that.
I simply questioned why this is such an issue now when it never really was as big of an issue 10-20 years ago.
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| Posted 2/18/10 11:47 AM |
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BaroqueMama
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me
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by Ophelia
Posted by ave1024
Posted by prncsslehcar
I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it?
No because she is an at-will employee and she chose to work there.
I believe you need to be in a protected class to have a discrimination case.
Do you think the same rules apply to somebody who wants to work at NSAL that happens to be allergic to dogs? You simply don't work there.
uh no.
it's not like she worked at a Peanut farm. or for reeses or skippy.
she worked at a baby TOY and CLOTHING store.
first of all, they shouldn't even be selling candy there. that is why half of americans are fat asses.
ftr, I just ate a bagel with peanut butter on it. in an office. she wouldn't have been "safe" here either.
and while I do think some peanut allergies are exaggerated, CLEARLY this one is not.
and even if they didn't believe the note, her FIRST stint in ICU should have been more convincing.
they are negligent here.
Thank you. That's what I'm saying. It's not like she worked in a damn peanut plant. There's a huge difference between working at BRU and working in a peanut plant. Don't you think? I mean, I would think that employers would care about their employees safety, no? My point was, if you work for a company and are in a wheel chair, and they have no elevator to get you to the second floor, but tell you if you don't like it, find another job, it's basically the same thing in my mind. An allergy is not something she can help.
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| Posted 2/18/10 11:48 AM |
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Superkat
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K
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by ave1024
Where were all these severe peanut allergy cases 20 years ago?
My mother and I saved the life of a woman who was in a severe peanut reaction when I was 8 years old, which was more than 20 years ago. The number of peanut allergies has risen due to the reasons mentioned above but it isn't something new.
Message edited 2/18/2010 11:55:50 AM.
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| Posted 2/18/10 11:51 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
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That Led To The Wrong Tendencies
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by Superkat
Posted by ave1024
Where were all these severe peanut allergy cases 20 years ago?
My mother and I saved the life of a woman who was in a severe peanut reaction when I was 8 years old, which was more than 20 years ago. They were there but the internet has increased exposure.
I'm sure there were isolated cases. But not nearly the amount of attention it gets now. And it's not just the internet (which I agree with), it's the local news as well.
Personally... I think the internet has made us a little TOO cautious about things. Websites like WebMD.com contribute to paranoia. Everyone thinks they have something because they read it on the internet.
People are now debating things like vaccinations and are refusing to vaccinate their kids (opening up another can of worms), something that was considered "safe" for a number of years.
And before you jump down my throat, YES there are some serious cases.
However I also think for the same amount of serious cases, there are a lot of exaggerations.
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| Posted 2/18/10 11:58 AM |
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DRMom
Two in Blue
Member since 5/05 20223 total posts
Name:
Melissa
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by ave1024
Posted by DRMom
REALLY? REALLY???? I am sorry but this is about the most idiotic thing I have ever seen written. WHY would someone do this? Why? My 15 month old son needs to be constantly watched because of a peanut allergy. He needs to be with me or someone who is aware of this allergy and be watched like a hawk. I have to carry around an epi-pen. Trust me no one would wish this for themselves or their children EVER!
Oh please. You make it sound like I am wishing peanut allergies on people. Give it a rest. I am totally aware there are serious cases out there and if you would have read my subsequent post you would have seen that.
I simply questioned why this is such an issue now when it never really was as big of an issue 10-20 years ago.
Right....and I posted a number of possible reasons for you that you chose to ignore. You also only quoted half of my post. I actually did not make it sound like you were wishing anything on anyone I simply responded to what you said, which is that people "exaggerate" or make up that they have food allergies.
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| Posted 2/18/10 12:03 PM |
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smdl
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me
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??
Posted by ave1024
Posted by Superkat
Posted by ave1024
Where were all these severe peanut allergy cases 20 years ago?
My mother and I saved the life of a woman who was in a severe peanut reaction when I was 8 years old, which was more than 20 years ago. They were there but the internet has increased exposure.
I'm sure there were isolated cases. But not nearly the amount of attention it gets now. And it's not just the internet (which I agree with), it's the local news as well.
Personally... I think the internet has made us a little TOO cautious about things. Websites like WebMD.com contribute to paranoia. Everyone thinks they have something because they read it on the internet.
People are now debating things like vaccinations and are refusing to vaccinate their kids (opening up another can of worms), something that was considered "safe" for a number of years.
And before you jump down my throat, YES there are some serious cases.
However I also think for the same amount of serious cases, there are a lot of exaggerations.
Why are we hearing this now vs 10-20 year ago?
1/ Reasons mentioned above. Peanuts were not as commonly used in processed food and as an ingredient.
2/ Maybe we did not hear about things 20 years ago
Also, the internet did NOT create an allergy scare. This is a true allergy! How does reading the internet making people too cautious and being allergic have anything in common? It's not like you suddenly develop a peanut allergy by reading the internet.
Why are you even questioning that people have this allergy? How do you know people are exaggerating? The woman was in ICU. Clearly she is not making this up. What does it have to do with vaccines?
My niece has peanut allergies. Her tongue swells up, she can die of suffocation.
This is a complete legitimate allergy. It's not bogus!
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| Posted 2/18/10 12:24 PM |
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