Major wrongful death lawsuit filed against Stew Leonard’s and Cookies United in connection with Órla Baxendale’s fatal peanut allergy incident

NEW YORK, May 23, 2024 /PRNewswire/ — Personal injury law firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf today filed a significant wrongful death lawsuit on behalf of the estate of Órla. Ruth BaxendaleThe lawsuit was against Stew Leonard’s Danbury, LLC, Stew Leonard’s Holdings, LLC, Stew Leonard Jr. and supermarket employees David Pollard, Peter Tournas, Bret Cherry, Mario Ortiz, Chris Nemer, Annemarie Clarke also known Annemarie Clarke Gochee, Sergio Rochaand Cookies United LLC in the Superior Court, JD of Waterbury.

As allegedly The complaint concerns the tragic incident involving the unlawful death of 25-year-old Órla Ruth Baxendalewho died after eating a “deadly biscuit” that contained peanuts that were not declared on the product label. Although 11 Stew Leonard’s employees had been informed by the biscuit manufacturer six months before the biscuits were sold that the recipe had been changed and the biscuits now contained peanuts, the supermarket chain ignored these warnings and packaged and sold the biscuits without properly changing the label and without warning its customers that they contained peanuts. Like any consumer, Órla Baxendale, who had a known severe peanut allergy, relied on product labeling to ensure her safety. The complaint claims that the defendant, Stew Leonard’s, displayed gross negligence and reckless indifference by failing to label the biscuit packet correctly, which caused the death of Mrs Baxendale. All consumers, and particularly those suffering from food allergies, rely on the integrity of supermarkets to correctly list ingredients in order not to poison or kill purchasers of their food.

The key points of the complaint include:

• Faulty, unreliable and deadly labeling and packaging practices: The systems used at Stew Leonard’s to maintain and update proper labels were defective, unreliable, inherently dangerous, untrustworthy, unreliable, erratic and regrettable. Following Órla’s death, numerous recalls were issued for a wide range of food products sold by Stew Leonard’s, including the Florentine Cookies.
• Negligence and reckless indifference: The supermarket defendants failed to update the cookie’s packaging to indicate the inclusion of peanuts despite being informed of the change in ingredients July 2023 by Cookies United LLC. This failure led directly to the fatal incident on January 11, 2024.
• Failed responsibility: The complaint details how Stew Leonard’s and its employees ignored multiple notices about the ingredient change, including updated labels and nutrition facts panels that indicated the presence of peanuts.
• Cover-up and false statements: Following Ms. Baxendale’s death, Stew Leonard’s attempted to shift the blame to Cookies United LLC in a press release. The press release was later proven to be false. Cookies United LLC responded with a press release clarifying that Stew Leonard’s had been informed of the ingredient changes.
• Violations of regulations: The defendants are accused of violating federal and state food safety laws, including the FDA Model Food Code and other relevant standards, by mislabeling the Florentine cookies.
• Impact on the family: Mrs. Baxendale was a talented dancer and scholarship recipient at the Alvin Ailey School. Her death leaves behind her family, including her parents, Angela Josephine Baxendale And Simon Baxendaleand her siblings were devastated.

The lawsuit seeks compensatory damages, punitive damages, attorneys’ fees, and any other relief the court deems appropriate.

Read the complaint

Contact Howard Hershenhorn: (email protected) and 516-695-9009 for questions.

SOURCE: Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf