Family of mom who died after consuming ‘vegan’ Pret sandwich that contained traces of milk win £1.25million compensation
The family of a milk-allergic mother who was killed after eating a ‘vegan’ Pret sandwich have won a £1.25million compensation payout.
Dental nurse Celia Marsh, 42, collapsed and died after eating a ‘vegan rainbow’ flatbread sandwich while in Bath on a post-Christmas shopping trip with her husband, Andy, and three of her daughters in December 2017.
Mrs Marsh, who was allergic to milk, thought the sandwich contained a safe coconut yoghurt alternative, but unbeknownst to her it was contaminated with milk protein.
She began to feel unwell shortly after eating the sandwich and collapsed. Despite the help of a passing first aider, the mother-of-five died in hospital after being rushed there in an ambulance.
Following an inquest into her death in 2022, the senior coroner for Avon, Maria Voisin, said her death was caused by the contaminated sandwich, writing in her report: ‘A product which is marked “dairy-free” should be free from dairy.’
Mrs Marsh’s husband, Andy, who described his wife as his ‘best friend’, then launched a High Court compensation claim on behalf of his family against the high street cafe chain and the product’s manufacturer, Planet Coconut Ltd.
Following out-of-court negotiations, Mr Marsh has now agreed to settle the claim, with lawyers yesterday revealing in court that the family will receive a total of £1.25million.
Having been asked to approve one part of the settlement, the judge, Master Mark Gidden, was told that Pret will be responsible for 25 per cent of the payout, with Planet Coconut’s insurers liable for the rest.
Dental nurse Celia Marsh, 42, collapsed and died after eating a Pret ‘vegan rainbow’ flatbread sandwich during a family post-Christmas shopping trip in Bath 2017
Family of Celia Marsh – (from left) Mrs Marsh’s mother Jen Gower, Mrs Marsh’s daughter’s Kayleigh Grice, Brenna Grice, Ashleigh Grice, Mrs Marsh’s husband Andy, and her daughter Shanaye Grice, outside Avon Coroner’s Court in Bristol in 2022
Her family said Mrs Marsh, of Melksham, Wiltshire, had shopped around, looking for lunch which was safe for her milk allergy, before settling on a ‘vegan rainbow’ flatbread from Pret, in Stall Street.
She had ‘religiously avoided’ dairy after a near-fatal experience months earlier, when she needed 15 shots of adrenaline after suffering an allergic reaction, the inquest heard.
Mrs Marsh assumed her ‘vegan’ lunch was safe, but disaster struck due to its contamination with the milk protein, the coroner said in her report following the inquest.
‘An investigation by the Bath and North East Somerset Trading Standards and indeed others traced the dairy to a product in the wrap, which was made by Planet Coconut and marketed as a dairy free coconut yoghurt alternative,’ Ms Voisin said.
‘The wrap contained a product which was marked as “dairy-free coconut yoghurt alternative”, but despite this it contained milk protein, which was the cause of Celia’s anaphylaxis.
‘The contamination arose because an ingredient in the yoghurt called HG1 had become cross-contaminated with milk protein during its manufacture.
‘The manufacturer of the dairy-free yoghurt had in its possession documents which flagged this risk but this risk was not passed on to its customers.’
Within 15 minutes, she had been hit with an acute allergic reaction and within half an hour, she had collapsed in the street, the inquest heard.
Mrs Marsh gave herself an adrenaline shot with the EpiPen she always carried and a passing first aider tried to help, but although an ambulance rushed her to hospital she was dead by 4pm.
Mrs Marsh is pictured with her husband Andy on their wedding day. The widower launched a High Court compensation against the high street cafe chain and the product’s manufacturer, Planet Coconut Ltd
Mrs Marsh was in Bath when she bought a supposedly ‘dairy-free’ vegan sandwich from Pret A Manger
Following the inquest, her eldest daughter, Ashleigh Grice, said her mother had lived in ‘constant fear’ and religiously checked all food labelling – ‘often triple checking’.
Mr Marsh sued Pret and Planet Coconut over his wife’s death and after negotiations outside court, the parties yesterday had a settlement of the claim approved by the judge.
Family barrister, Hannah Noyce, told the judge that Pret and Planet Coconut had agreed a split of the liability for the payment, which she said totals £1.25million.
‘Both defendants initially agreed apportionment of liability on the basis of 75/25 in favour of Pret, but Pret wasn’t prepared to agree terms that would make all defendants jointly and severally liable,’ she said.
‘They wanted specific sums to be agreed. It was agreed that Planet Coconut’s insurers be made party to the agreement and that they should be jointly and severally liable for Planet Coconut’s share.’
The hearing, conducted via a video link at the High Court, in London, was in order for Master Gidden to approve one specific part of the settlement, which he said he was ‘content’ to do.
Following Mrs Marsh’s death, the coroner published a special ‘prevention of future deaths’ report, calling for the establishment of a system of recording cases of severe allergic reactions to provide an ‘early warning’ of ‘products with undeclared allergen content’.
The report also recommended a system of checks to ensure food is correctly labelled ‘free from’ and ‘vegan,’ leading to the Food Standards Agency updating its labelling guidance.
