The widow of an artist who died after eating listeria-infected artisan cheese she bought him as a Valentine’s present is suing its manufacturers for more than £200,000.
West Sussex painter Roger Parkes became seriously ill and died in February 2023, days after enjoying a ‘Valentine box’ of cheeses ordered by wife Carina.
Following Mr Parkes’ death The Old Cheese Room, a Wiltshire artisan firm, issued a product recall on their ‘Baronet’ Reblochon.
An inquest subsequently found that the artist’s death was caused by multiple organ failure and meningitis.
His widow is now suing The Old Cheese Room Ltd, claiming over £200,000 in compensation for her husband’s death.
But the cheese company, whilst admitting that the ‘Baronet’ cheese Mr Parkes ate was infected with the potentially deadly bacteria, is denying it was responsible for his death, pointing out that he was already struggling with serious health conditions.
It said Mr Parkes had undergone ‘extensive’ aortic surgery in the months before his death, leaving him vulnerable to infection and curtailing his life expectancy.
Award-winning The Old Cheese Room, based at Neston Park, Corsham, is run by master cheesemaker Julianna Sedli and her husband Karim Niazy and specialises in cheese made from the milk of a herd of organic Jersey cows.
West Sussex painter Roger Parkes (left) became seriously ill and died in February 2023, days after enjoying a ‘Valentine box’ of cheeses ordered by wife Carina (right)
Award-winning The Old Cheese Room, based at Neston Park, Corsham, is run by master cheesemaker Julianna Sedli (pictured) and her husband Karim Niazy
The ‘Baronet’ cheese which Mrs Parkes claims caused her husband’s death is described online as ‘a Reblochon recipe with a buttery taste and a washed rind…a semi-soft cheese with a lovely pale-yellow core.’
The review adds: ‘You can taste the freshness of the pastures’ different plants in spring/summer. It has a definite floral note and a slight suggestion of citrus.’
But the company was forced to issue an alert through the Food Standards Agency in March 2023, withdrawing a batch of its flagship cheese from sale following Mr Parkes’ death the previous month, with two others also falling ill.
In papers lodged with London’s High Court, Shahram Sharghy, for the widow, sets out how the artist fell ill: ‘On 7 February 2023, Mrs Parkes had ordered via the Rennet and Rind website a Valentine box of cheese, manufactured and produced by the defendant.
‘One of the cheeses in the box was called The Baronet. The box of cheese was delivered to Mr Parkes’ home on 10 February 2023.
‘Mr Parkes began to eat the cheese on 17 February 2023 and continued to pick at it over the subsequent few days.
‘On 21 February 2023, an ambulance was called as Mr Parkes had become seriously unwell as a result of eating the cheese.
‘Mr Parkes was taken to St Richards Hospital, Chichester, where he was admitted and assessed. His condition deteriorated further, such that by the morning of 23 February 2023 he was transferred by ambulance to the Royal Sussex County Hospital in Brighton, where he was assessed and diagnosed as suffering with listeria.
‘He was placed under the care of the infectious disease team who administered antibiotics. Despite the best efforts of medical practitioners, Mr Parkes’ condition continued to deteriorate and he sadly died on 27 February 2023.
Following Mr Parkes’ death The Old Cheese Room, a Wiltshire artisan firm, issued a product recall on their ‘Baronet’ Reblochon
Mr Parkes’ widow is now suing for more than £200,000 in compensation for his death
‘An inquest was held into Mr Parkes death between 23rd to 25th September 2024. It concluded that the cheese had been contaminated with listeria such that it was not fit for human consumption and this was likely due to the defendant’s manufacturing process.
‘The medical cause of death was stated to be multiorgan failure and Listeria meningoencephalitis.’
But Alexander MacPherson, for The Old Cheese Room Ltd, admitted the cheese was contaminated but denied liability for Mr Parkes’ death, saying it was up to the widow to prove that the cheese killed him.
‘It is admitted that the defendant’s breach of duty resulted in the cheese becoming contaminated with Listeria,’ he said.
‘No admissions are made as to the medical consequences of the cheese being contaminated with Listeria.
‘The claimant is put to proof as to the causes of Mr Parkes’ death and in particular as to whether this was caused or contributed to by a Listeria infection resulting from consumption of the cheese.
‘It is noted that Mr Parkes had undergone extensive aortic surgery in the few months preceding his death and that such surgery included a spinal drain in the context of E. coli sepsis. Accordingly, he was at substantial risk of developing paraplegia and/or an infection of the central nervous system in any event.
‘In those circumstances, it is not admitted that a Listeria infection was the cause of Mr Parkes’ death, as opposed to Mr Parkes’ death arising as a result of his aortic condition and subsequent surgery.
‘The claimant contends… that Mr Parkes would have had a normal life expectancy but for his listeria infection. This is denied.
‘In particular, Mr Parkes’ serious cardiovascular problems resulting in his recent history of aortic surgery, renal failure, heart failure, DVT and hypertension would have severely curtailed his life expectancy.’
The barrister also challenged the overall amount of damages claimed.
Mr Sharghy, for the widow, added in his written pleadings: ‘Insofar as the issue of causation is not admitted by the defendant, the claimant avers that but for the defendant’s admitted breach of duty the cheese would not have been or become or remained contaminated with Listeria and therefore unfit for human consumption.
‘The defendant failed to remove the cheese from sale and caused, permitted and suffered the contaminated cheese to be consumed by Mr Parkes in such quantities as to make him seriously ill and die as a result of contracting listeria and suffering multiorgan failure.’
Mr Parkes described himself online as a ‘self-taught artist working to traditional guidelines but with an interest in both impressionism and semi-abstract work.’
He also held down a day job as a chef, court papers explained.
The case will go to court for a pre-trial hearing unless it is settled out of court beforehand.
