‘Highly allergic’ patient dies after hospital serves peanut butter sandwich, suit says

A hospital patient died after staff gave her a peanut butter sandwich even though she was “highly allergic” to peanuts, a California lawsuit says.

The lawsuit, filed Jan. 3 by the patient’s family against Scripps Mercy Hospital in San Diego, says the patient, Jane Lee, was given a peanut butter sandwich, which she ate, on Oct. 2, 2021.

Lee’s medical records showed that she was “highly allergic to peanuts,” the lawsuit says.

A spokesman for Scripps Health, the health system overseeing Scripps Mercy Hospital, told McClatchy News that the company cannot discuss pending litigation.

Lee’s brother, Jason Lee, told ABC 10News that his 27-year-old sister was nonverbal and had autism.

“It’s really frightening to think that, like an institution like a hospital, that’s meant to keep really great records… was just not set up to actually support and care for my sister,” Jason Lee told the news station.

As a result of the hospital’s “negligence,” Jane Lee died on Oct. 13, 2021, the lawsuit says.

Jane Lee “sustained great bodily injury and other adverse health consequences,” the complaint says.

“(Scripps Mercy Hospital) had a duty to provide appropriate medical and health care to their patients, including Jane Lee, but breached that duty by providing treatment to Jane Lee which fell below the standard of care,” the complaint says.

Jane Lee’s family’s attorney, Henry Peacor, could not be reached for comment by McClatchy News.

Peacor told ABC 10News that the hospital had “no excuse” for exposing Lee to peanut butter.

“It’s a hospital that clearly documents a patient’s known peanut allergy and then proceeds to give that patient a peanut butter sandwich, and there’s just no excuse for that,” he told the news station. “None. Period. Whatsoever.”

The lawsuit is seeking damages in an amount to be determined at trial.

This story was originally published February 15, 2023 at 12:57 PM with the headline "‘Highly allergic’ patient dies after hospital serves peanut butter sandwich, suit says."