$10 Million Verdict: Peanut Allergy Causes Brain Damage In Boy

Mario Cattabiani

by Mario Cattabiani — March 11, 2014

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On Christmas Day, 8-year-old Ray Varghese ate a piece of chocolate containing peanuts and, instantly, he began having breathing problems. Then he had an anaphylactic reaction and went into respiratory and cardiac arrest. As a result, he suffered permanent brain damage and quadriplegia.

Robert Ross, a founding partner of Ross Feller Casey, argued at trial that the boy’s pediatrician and allergist were negligent for failing to warn Varghese’s parents about the life-threatening nature of the allergy and because they didn’t order an EpiPen, which could have prevented the incident. The pediatrician knew Varghese had the allergy since he was 2 years old when he had a reaction from a peanut M&M.

The jury awarded a $10 million verdict in what is believed to be the first successful case in which the plaintiff knowingly ate a known allergen. For that, Ross was distinguished as the “Litigator of the Month” by the prestigious National Law Journal. In the article, Ross called the verdict “a wake-up call” for physicians across the nation about the dangers of peanut allergies.

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Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.