Retirement Community Resident with Celiac Disease Sues Over Gluten in Food

Celiac.com 10/09/2023 - Eleanor McGinn, a resident of a retirement community in Maryland, has filed a lawsuit alleging that the facility, Broadmead, repeatedly served her food containing gluten despite knowing about her celiac disease. 

The lawsuit, filed in Maryland District Court, claims that Broadmead violated the Americans with Disabilities Act by discriminating against McGinn based on her disability. The claim also includes allegations of breach of contract, negligence in food preparation, and negligent misrepresentation. These claims stem from McGinn's reliance on Broadmead's assurances that she would receive gluten-free food and the facility's promotion of a gluten-free dietary program.

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Before moving to Broadmead in 2017, McGinn had met with the facility's dining director to discuss the severity of her celiac disease. She was assured that the kitchen staff understood the condition, and that Broadmead's gluten-free options were both abundant and safe. However, within the first six months of her stay, McGinn fell ill six times due to gluten exposure.

The lawsuit contends that this repeated gluten exposure has had a compounding toxic effect on McGinn, leading to increasingly severe gluten reactions over time. As a result, her condition now substantially limits her major life activities, including eating and the major functions of her immune, digestive, bowel, and neurological systems.

Additionally, the complaint alleges that McGinn was socially isolated, because she often had to wait for her gluten-free food while others had already finished eating. Eventually, she says she stopped going to the dining hall altogether.

Andrew Rozynski, counsel for McGinn, hopes that this lawsuit will raise awareness about the needs of individuals with celiac disease. He emphasizes the importance of communities honoring their commitments to provide gluten-free options, as advertised.

Celiac disease is considered a disability under the Americans with Disabilities Act because individuals with the condition have varying needs at different times in their lives, according to the Celiac Disease Foundation.

This case is not the first of its kind; in 2019, the U.S. Court of Appeals for the 4th Circuit ruled against a restaurant in Colonial Williamsburg that refused to let a child with a severe gluten allergy eat his own food. In that case, the court found that either the restaurant or the child could prevail in a potential lawsuit, ultimately vacating the district court's judgment. In 2020, a University of Maryland student sued the university for violating the Americans with Disabilities Act by serving her gluten-containing food, and the case was settled out of court.

Stay tuned for more on this and related stories.

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