The estate of a young dancer who tragically died after eating a mislabeled cookie containing peanuts has filed a lawsuit for wrongful death. The lawsuit claims that the failure to accurately label the package was extremely careless.
Órla Ruth Baxendale, 25, passed away on January 11 after consuming a Florentine cookie sold by Stew Leonard’s, experiencing a severe allergic reaction, according to the lawsuit.
Baxendale, who had a serious peanut allergy, had moved from England to New York City to pursue a career in dance and was described as being in the prime of her life, as stated in the lawsuit filed in Superior Court in Waterbury on Thursday.
The batch of holiday cookies, sold at Stew Leonard’s stores in Danbury and Newington, Connecticut late last year, was later recalled. These cookies were produced by Cookies United, based in Long Island, and labeled with the Stew Leonard’s brand name, according to state officials.
Brent Cox and Josh Malkin (Via Alex Hazelwood/Getty Images)
The lawsuit names both companies and several Stew Leonard’s employees. It asserts that the failure to properly label the cookie package before sale was grossly negligent, intentional, and reckless, and showed disregard for human life, as both the manufacturer and seller were legally obligated to accurately disclose the ingredients.
A spokesperson for Stew Leonard’s declined to comment on the ongoing legal matter.
The general counsel for Cookies United did not respond to a request for comment. In January, Stew Leonard’s stated that the supplier changed the recipe from soy nuts to peanuts without notifying their chief safety officer.
Cookies United had informed Stew Leonard’s in July that the product contained peanuts, and all shipments to the retailer were supposed to be labeled accordingly.
The lawsuit seeks unspecified financial damages as well as punitive measures.
