NEW YORK — The lawyers representing the New York person who died after a severe allergic reaction to a cookie from Stew Leonard’s say her life was cut short because of “gross negligence and reckless conduct.”
Lawyers with Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf confirmed Wednesday that their client, 25-year-old Órla Baxendale, died on Jan. 11 from anaphylactic shock after eating a cookie that was purchased at a Stew Leonard’s in Connecticut.
“Born in East Lancashire, UK, Órla moved to New York to pursue a career as a dancer,” the lawyers said in a statement on their website. “Her sudden loss is not only a personal tragedy for her family and friends but also a significant loss to the artistic community.”
The statement continued: “We stand with Órla’s family in this difficult time and extend our deepest condolences. They have been overwhelmed and comforted by the outpouring of love, support, and tributes from around the world. Órla’s vibrant spirit and her relentless pursuit of excellence in her art have left an indelible mark on all who knew her.”
Earlier this week, Stew Leonard’s and the Connecticut Department of Consumer Protection (DCP) issued a recall of the Florentine cookies that were sold at their Danbury and Newington stores because they contained undeclared peanuts.
Stew Leonard Jr., the president and CEO of the Connecticut-based supermarkets, said in a statement they were “devastated” by the death. He appeared to place the blame on the cookie’s manufacturer Cookies United.
"We have very strict food safety practices and one of them is having all proper ingredients listed on our labels," the statement said. "Unfortunately, we are buying these cookies from a company who never told us they changed the ingredients. We sold them in good faith and one customer was affected."
However, the wholesaler issued a statement Tuesday refuting the claim that they never told Stew Leonard’s of the change in ingredients.
"Stew Leonard’s was notified by Cookies United in July of 2023 that this product now contains peanuts and all products shipped to them have been labeled accordingly," Cookies United said in its statement.
They said the cookies are sold under the Stew Leonard’s brand and are repackaged at the supermarket’s facilities.
“The incorrect label was created by, and applied to, their product by Stew Leonard’s,” Cookies United said.
On Friday, the DCP warned that the Florentine cookies sold at Stew Leonard's also contained eggs, which did not appear on the label.
The cookies affected by the recall were sold in the Danbury and Newington stores from Nov. 6 to Dec. 31. The "best by date" was Jan. 5, 2024.
Baxendale’s lawyers said her death was a result of the “gross negligence and reckless conduct of the manufacturer and/or sellers who failed to properly identify the contents of the cookie on the packaging.”
“This failure in proper disclosure has led to this devastating yet preventable outcome,” they said.
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