The family of a 25-year-old New York professional dancer with a “severe peanut allergy” has filed a civil lawsuit claiming her death was the result of the “gross negligence” of a supermarket that sold her mislabeled cookies.
Órla Ruth Baxendale died of anaphylactic shock on Jan. 11 after having an allergic reaction to a cookie containing “undeclared peanuts,” according to the lawsuit filed May 23 in Superior Court in Waterbury, Connecticut. Stew Leonard’s, the supermarket chain blamed in the lawsuit for Baxendale’s death, sold the dancer the Florentine cookies, according to the legal document obtained by USA TODAY.
“The failure to properly label the packaging prior to distribution and sale of the Florentine cookies was grossly negligent, willful, reckless, callous, indifferent to human life, and a willful violation as manufacturers and sellers are required by law to properly list ingredients,” the complaint states.
Baxendale’s family is seeking more than $15,000 in damages and other compensation, the lawsuit says.
“The evidence that Stew Leonard is liable for both compensatory and punitive damages is staggering and overwhelming,” the lawsuit states. “The evidence clearly shows that a deadly biscuit sold and packaged by Stew Leonard killed Órla Ruth Baxendale, who was in the prime of her life, and caused her parents, Angela and Simon Baxendale, to suffer the loss of their child.”
Stew Leonard’s sent an email about ingredient changes months before Orla Baxendale’s death
Six months before Baxendale’s death, the lawsuit says, “no fewer than eleven employees” of Stew Leonard’s were “informed via email of the ingredient change, including the addition of peanuts to the cookie recipe” by cookie manufacturer Cookies United. Cookies United is also named as a defendant in the lawsuit.
“Despite email notification of these changes, (Stew Leonard’s) ignored the email and did not change the label or nutrition facts panel and never properly updated the packaging,” the lawsuit states.
Cookies United confirmed the Baxendale family’s allegations on January 23, when the manufacturer issued a press release that, according to the lawsuit, has since been removed from its website.
“Stew Leonard’s claimed in a previous press release that ‘the cookies contain peanuts, an ingredient that was not disclosed to Stew Leonard’s by the manufacturer,'” the now-deleted statement reads, according to the lawsuit. “… Stew Leonard’s was notified by Cookies United in July 2023 that this product now contains peanuts and all products shipped to them have been labeled accordingly. This product will be sold under the Stew Leonard’s brand and repackaged in their facilities.”
“The false label was created by Stew Leonard’s and placed on their product,” Cookies United’s statement said, according to the lawsuit.
In an email sent to USA TODAY on Wednesday, a spokesperson for Stew Leonard’s said, “On the advice of our legal counsel, we cannot comment on pending litigation.” USA TODAY contacted Cookies United but did not receive a response.
FDA recalls vanilla florentine cookies
Around the time of Baxendale’s death, a recall for Vanilla Florentine Cookies was issued by Stew Leonard’s, based in Norwalk, Connecticut. The recall affected all cookies sold at Stew Leonard’s in Danbury and Newington, Connecticut, between November 6 and December 31, 2023.
In a recall statement released in January, the Connecticut Department of Consumer Protection’s Division of Food, Standards and Product Safety (DCP) said one death had been reported in connection with the Vanilla Florentine Cookies.
Baxendale ate the cookies at a social event in Connecticut, according to DCP. The mislabeled Florentine cookies, which had a best-by date of Jan. 5, 2024, were made at a bakery in Islip, New York, the department said.
“This is a sad day for us”
Stew Leonard Jr., president of Stew Leonard, posted a video message on the supermarket chain’s website in January, saying, “This is a sad day for us. We have learned that a customer who had a peanut allergy and purchased a cookie here has died.”
Stew Leonard’s purchased the now-recalled cookies from an outside supplier and sold about 500 affected packages over the holidays, Leonard Jr. said in the video.
“Unfortunately, the supplier changed the recipe and switched from soy nuts to peanuts without informing our company’s safety officer,” said the managing director. “We take labeling very seriously, especially when it comes to peanuts.”
The lawsuit states that Leonard Jr.’s statement was an “admission of guilt.”
“Órla Baxendale embodied enthusiasm, strength and beauty”
Originally from East Lancashire in the UK, Baxendale moved to New York to pursue her dream of becoming a world-class dancer.
In her obituary, Baxendale is described as a “bright soul” who lived “every day as a celebration.”
“Órla Baxendale was the embodiment of enthusiasm, strength and beauty,” the obituary reads. “Known for her quirky character and boundless love for those around her, she was a source of joy and inspiration to all. Her presence was a constant reminder to live life to the fullest, a lesson she embraced wholeheartedly and encouraged others to adopt as well.”
Before her death, Baxendale worked with the Alvin Ailey School, Nemacolin Holiday Village, Steps on Broadway, The Ride, Club Pilates, English with an Accent, MOMIX and many others. The lawsuit states that she was a scholarship student at the Alvin Ailey School and “performed in many successful productions and was widely regarded as a superstar in the dance community.”
“Her passion for dance extended far beyond any single discipline, as she was an outstanding ballet, contemporary and Irish tap dancer,” the obituary reads. “Every endeavor she undertook became a testament to her dedication and passion, leaving a lasting impression on many lives.”
Contributor: Natalie Neysa Alund, USA TODAY
This article originally appeared on USA TODAY: Stew Leonard’s store sued after death of dancer Órla Ruth Baxendale
