(CNN) – A Minnesota family has filed a lawsuit against a restaurant for what they call a fatal mistake.
The family says they were told the establishment's pancakes were dairy-free, important because their son was allergic to dairy, but, the family claims, they were not and the boy died shortly after eating the meal.
Scott Johnson suffered from a severe dairy allergy since birth. Small amounts of dairy would be enough to send him to the emergency room.
The family says they rarely ate out at restaurants because of the allergy, and if they did eat at a restaurant it would be done with caution.
“If it wasn't right, we didn't eat until his was right,” Steve Johnson, the boy's father, said.
On a weekday morning last June, Scott's sisters wanted to treat their mom and brother to breakfast at Bemidji's Minnesota Nice Café.
Cindy, Scott's mother, said she asked to server if the restaurant's gluten free pancakes were also dairy free, the server, after checking with the cook, said they were. Cindy then told the server the grill would have to be cleaned before the pancakes were made.
Scott ate two of the pancakes and informed his family that they would have to go. Scott forgot to bring his EpiPen and nebulizer to the restaurant, the tools he had used before to open his lungs and help him through and allergic reaction.
When the family arrived at home, they called emergency personnel.
Scott was airlifted to Fargo, Minnesota where doctors informed the family that he had suffered a severe anaphylactic reaction and his heart had failed.
Scott was pronounced dead three days later.