Ontario boy dies from anaphylaxis after allegedly receiving wrong treat at Dairy Queen

An eight-year-old boy has died of a severe allergic reaction after his mother alleges he was given the wrong treat at a Dairy Queen in Kingston.

Julia Gartland told Global News in a written statement that she took her kids to Dairy Queen on Monday night for a treat.

She said she ordered her son Liam a vegan dilly bar because he is anaphylactic to dairy, eggs and peanuts.

The vegan dilly bar is “gluten-free, dairy-free and plant-based,” according to Dairy Queen’s website.

Gartland said when the worker handed her the treat, they told her, “Here is your vegan dilly bar.”

“I didn’t think to check, I just handed it to him,” Gartland said. “About five minutes later, he’s telling me he thinks it’s dairy, and we look at the package and it was.”

Gartland said she drove as fast as she could to grab an EpiPen and called 911.

“They got there but he was already struggling to breathe,” she recalled. “By the time we got to the Kingston Centre, he flatlined.”

A second ambulance attended the scene and continued compressions, but Gartland said her son was in cardiac arrest for 55 minutes, causing severe brain damage.

“They told us at [Kingston General Hospital] to start saying our goodbyes, as they weren’t sure he would make the flight to CHEO [Children’s Hospital of Eastern Ontario],” she said.

Liam made it to CHEO, but had a hole in his lung. When he arrived, Gartland was also told her son had COVID-19, which was putting additional strain on his lungs.

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“His lungs were so inflamed from COVID and asthma that they just couldn’t handle it,” Gartland said.

After 48 hours with no brain activity, Gartland had to say goodbye.

Gartland said she and Liam’s father decided to donate Liam’s organs to continue helping others. According to a GoFundMe page set up for the family, helping was one of Liam’s favourite things to do.

“This decision feels so deeply aligned with who Liam was,” Gartland said on the page. “He had the kindest heart and always wanted to help others.”

Gartland said doctors initially told her Liam’s heart wasn’t strong enough to donate, but in the operating room, it started to beat, and ended up being donated to a three-year-old girl.

“While our hearts are shattered, there is comfort in knowing that Liam’s love, kindness, and generosity will continue on through these children,” Gartland said in the GoFundMe. “His legacy will live on not only in our memories, but in the lives he is helping save. We are so proud of our boy.”

Dairy Queen did not directly answer any of Global News’ questions seeking confirmation that the incident occurred or queries about the company’s standards and procedures related to food allergies.

In a statement, a Dairy Queen spokesperson said “our hearts are with the family and loved ones during this difficult time,” adding the company is in contact with the store operator who is co-operating with authorities as they complete their investigation.

“Out of respect for the family and the process, we won’t have further comment at this time,” they said.

The Office of the Coroner confirmed to Global News that an investigation is underway.

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