The property of a younger dancer who died after consuming a mislabelled cookie containing peanuts has filed a wrongful loss of life lawsuit, claiming the failure to correctly label the package deal was grossly negligent.
Órla Ruth Baxendale, 25, died January 11 after consuming a Florentine cookie bought by grocery retailer Stew Leonard’s and struggling an anaphylactic response, in line with the lawsuit.
Baxendale, who had a extreme peanut allergy, had moved to New York Metropolis from England to pursue a profession as a dancer and was in “the prime of her life,” in line with the lawsuit filed Thursday in Superior Courtroom in Waterbury, Connecticut.
The batch of vacation cookies bought at Stew Leonard’s shops in Danbury and Newington in Connecticut late final yr had been later recalled.
The cookies had been produced by the Lengthy Island-based wholesaler Cookies United and labeled with the Stew Leonard’s model identify, state officers stated.
Each firms are named within the lawsuit, together with a number of Stew Leonard’s staff.
Failure to correctly label the cookie package deal previous to sale “was grossly negligent, intentional, reckless, callous, detached to human life, and a wanton violation because the producer and vendor had been required beneath the regulation to correctly declare the elements,” in line with the lawsuit.
A spokesperson for Stew Leonard’s stated they may not touch upon pending litigation.
The overall counsel for Cookies United didn’t reply to an e-mail searching for remark Friday night.
Stew Leonard’s stated in January that the provider went from soy nuts to peanuts within the recipe with out notifying their chief security officer.
Cookies United had stated they notified Stew Leonard’s final July that the product contained peanuts and that each one merchandise shipped to the retailer had been labelled accordingly.
The lawsuit seeks unspecified financial and punitive damages.
