The family of a Helmshore dancer, who died of an allergic reaction after eating a cookie that contained peanuts, have commenced legal action.
The former St Veronica's Primary School pupil, with a severe peanut allergy, ate cookies manufactured by Cookies United, an American baking company, and sold by Stew Leonard’s, a supermarket chain in America.
She was in New Milford, Connecticut, when she ate the cookie.
Personal injury law firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is acting on behalf of Órla's family in filing the complaint.
The complaint has been filed against Stew Leonard’s Danbury, LLC, Stew Leonard’s Holdings, LLC, Stew Leonard Jr., David Pollard, Peter Tournas, Bret Cherry, Mario Ortiz, Chris Nemer, Annemarie Clarke (also known as Annemarie Clarke Gochee), Sergio Rocha And Cookies United LLC.
The legal team said Órla died “as a result of the gross negligence and reckless indifference to the rights of others” after she was alleged to have eaten Florentine Cookie(s) which contained “undeclared peanuts and other known allergens”.
Cookies United disagree with the allegation and claim Stew Leonard's was notified about the recipe change in July 2023. It claims the information was sent to 11 Stew Leonard’s employees.
The death complaint alleges that Stew Leonard's issued Stew Leonard’s a false statement. It also claims that the systems in place at Stew Leonard’s, to maintain and update the proper labels is “broken, unreliable, inherently dangerous, undependable, untrustworthy, erratic, and deplorable”.
The report also highlights that more products, that contained undeclared allergens, were recalled after Órla's death.
According to the statement, Órla “has been permanently deprived of her ability to carry on and enjoy life’s activities and her earning capacity has been permanently destroyed”.
It has also highlighted the costs associated with medical care and funeral costs, which it hopes the family will be compensated for.
The reports allege that the “deadly cookie” claimed the life of Órla when she was in the “prime of her life” and caused her parents Angela and Simon Baxendale to "suffer the loss of their child”
The firm has submitted a claim of damages in excess of $15,000 and they seek relief in terms of monetary damages, punitive damages, attorneys’ fees and other costs the court deems just.
Stew Leonard's declined to comment. Cookies United has been approached for comment.
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