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Verdicts and Settlement: Government Liability

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Unlabeled treats at city camp lead to fatal reaction

May 2017

Natalie Giorgi, 13, went with her parents and siblings to a family camp in the El Dorado National Forest hosted by the city of Sacramento. The family had attended the camp for three previous years and had submitted medical information forms advising that Natalie and her twin sister had a severe peanut allergy. Camp policy provided that if any camper had a peanut allergy, no food containing peanuts would be served.

On the final night of camp, the city hosted a dance at the lodge and served Rice Krispies treats that were prepared by the camp’s baker. The family was unaware that the baker had included peanut butter candies in some of the treats, which were not labeled. The camp had served Rice Krispies treats on previous occasions, and they had never contained peanuts.

During the dance, Natalie took a bite of a Rice Krispies treat and promptly spit it out, saying that it tasted “funny.” Her parents had an EpiPen with them and monitored Natalie closely. At first, she showed no symptoms, but 20 minutes later, she began vomiting. Her father immediately administered the EpiPen. When Natalie’s symptoms worsened, he administered a second EpiPen.

As Natalie’s condition continued to deteriorate, her father went to the camp’s first aid station and attempted to remove an EpiPen from a glass and metal cabinet, which was apparently locked. He used his elbow to shatter the cabinet door, cutting a tendon in the process. He administered the third EpiPen, but it was not enough to stop Natalie’s allergic reaction. She went into anaphylactic shock and died in her parents’ arms. She is survived by her parents, her twin sister, and another sister and brother.

The arm injury left Natalie’s father—a urologist—with reduced manual dexterity, which affected his ability to practice medicine. As a result, he lost his job as a clinical urologist for a health services corporation.

Natalie’s parents sued the city of Sacramento, alleging that the camp staff was negligent in adding peanut butter candies to the treats and then serving the treats without labeling them to alert campers with allergies.

The plaintiffs also alleged that Dr. Giorgi’s injury was a foreseeable result of the city’s negligence. His medical expenses totaled about $77,000.

The city argued that the Giorgis failed to provide the pertinent medical information for the year in question. The defense also argued that Dr. Giorgi was comparatively negligent: He failed to administer the epinephrine sooner, which could have saved Natalie. The plaintiffs countered that they had ­provided the medical information documents for that year, as well as for the three prior years they had attended the camp.

The city denied responsibility for Dr. Giorgi’s arm injury, arguing that the cabinet was not locked, that he had ­overreacted, and that he could resume practicing medicine.

The trial court denied multiple defense motions on issues relating to liability and foreseeability.

The parties settled on the first day of trial for $15 million. As a condition of the settlement, the camp must join and seek accreditation from the American Camping Association. Reportedly considered the “gold standard” for camps, compliance requires adoption of strict food safety protocols to protect campers from known allergens. The camp also agreed to publish a statement acknowledging Natalie’s tragic death and the need to use the incident as an opportunity to implement policies and procedures to protect future campers.

Citation: Giorgi v. City of Sacramento, No. 34-2014-00162222 (Cal. Super. Ct. Sacramento Cnty. Sept. 26, 2016).

Plaintiff counsel: AAJ members Roger A. Dreyer and Robert B. Bale, both of Sacramento, Calif.

Plaintiff experts: Michael Ambrose, camp medical safety, Ann Arbor, Mich.; Elizabeth Erickson, camp safety and practices, Sacramento; Gennady Bratslavsky, urology, Syracuse, N.Y.; Carol Hyland, vocational rehabilitation, Lafayette, Calif.; and Richard Barnes, economics, Sacramento.

Defense experts: Richard Lockey, allergy/immunology, Tampa; Christopher Van Tilburg, wilderness medicine/city compliance, Hood River, Ore.; Michael Gurtler, camp safety, Bar Harbor, Me.; Alex Barchuk, physical medicine/rehabilitation, Kentfield, Calif.; and Robert B. Cottle, vocational rehabilitation, Walnut Creek, Calif.