A 24-year-old Little Rock man who says he suffered a dangerous allergic reaction when he was served a Starbucks beverage that contained milk instead of the oat substitute he was promised is suing the Washington state-based company in Pulaski County Circuit Court.
Blake Mason, represented by attorney Matt Vonnahme of Fort Smith, filed the 2½-page negligence complaint Friday, requesting that Judge Mackie Pierce convene a jury to decide damages, which include medical expenses, lost wages and ongoing suffering.
"Plaintiff has a severe allergy to milk and the drink he was served was made with milk instead of oat milk like he ordered," the suit states. "This negligent mistake is life threatening to a person with severe allergies."
Mason contends that negligent supervision of staff and food preparation is to blame for what happened to him.
He ordered the drink, a venti-sized Apple Crisp Oat Milk Frappuccino Blend beverage with no whipped-cream topping, for $6.45 on Sept. 12 from the Starbucks at 13820 David O'Dodd Road in Little Rock through the Starbucks mobile app. He took the drink home where he started having an anaphylactic reaction and went into respiratory distress, according to the suit. He gave himself an injection with his Epipen and called an ambulance.
"The emergency medical responders reported he was hypotensive, stridorous, and hypoxic. He was diagnosed with anaphylaxis at the emergency room," according to the complaint.
On its web site, Starbucks describes the 520-calorie drink as featuring the "flavors of apple, cinnamon and brown sugar blended with coffee, oat milk and ice and (t)opped with spiced-apple drizzle and whipped cream."