PORTLAND, Ore. (AP) – An Oregon man with a severe nut allergy has sued Starbucks after saying he ordered coffee with soy milk but was given almond milk instead.

The Oregonian/OregonLive reported Thursday that 34-year-old Max Scher filed a $10,000 lawsuit against the company this week saying he had to rush to a Portland emergency room in May after taking sips of the drink.

Scher says he is a regular customer who often reminds the staff of his allergy. Scher says he checked the cup and it had “soy milk” written on it, but could not tell it contained almond milk by taste.

The Seattle-based company says they are thoroughly investigating this situation.

Scher says he can’t afford his medical bills and shouldn’t have to “spend over $4,000 because they made a mistake.”

Information from: The Oregonian/OregonLive, http://www.oregonlive.com