Mia-Shay tragically died a ‘preventable’ death after suffering an allergic reaction from a milkshake (Image: SWNS)
The devastated family of a 12-year-old girl who died after suffering a severe allergic reaction from a milkshake containing nuts has said her death could have “simply” been avoided.
Mia-Shay St Hilaire suffered a shocking allergic reaction at the Pop Inn Cafe in southeast London on August 25 2023 with her aunt and sister present.
CCTV evidence revealed that the 12-year-old drank a milkshake made from a blender that was improperly cleaned before use.
This is believed to have left behind traces of nuts – which Mia-Shay was severely allergic to. She died in hospital five days later.
Cafe operator Baris Yucel, 47, admitted to six criminal charges relating to her death.
He was fined £18,000 and given a 100-hour community order.
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The schoolgirl’s parents and Mia-Shay’s parents have said the family’s grief has been made worse knowing that their daughter’s tragic death could have been avoided.
They said: “We think of Mia-Shay every day and knowing her death could potentially have been prevented so simply, only adds to how heartbroken we are as a family.
“We hope this conviction and fine sends a loud message to businesses serving food and drinks across the country, of the devastating consequences of failing to take food safety seriously.”
An investigation by Southwark Council’s food safety team found there were likely traces of hazelnuts and almonds in the milkshake prepared for Mia-Shay, who had a severe tree nut allergy.
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Mr Yucel’s failure to properly clean the blender left behind the remnants of the previous drink. Southwark Council claimed that this caused Mia-Shay to suffer a severe allergic reaction and that her death may have been avoided, Croydon Magistrates’ Court heard.
Michelle Victor, a partner at law firm Leigh Day, represented Mia-Shay’s family during the hearing.
She argued children with allergies should feel comfortable ordering food and drink in hospitality venues safe in the knowledge that legislation to protect their lives is being adhered to.
Ms Victor said: “We are continuing to support Mia-Shay’s family and, while no outcome will ever make up for the loss they have suffered, this criminal prosecution is an important part of their fight to achieve justice for all those suffering with food allergies.
“Mia-Shay and all other children with allergies should be able to feel safe knowing that businesses serving food and drink adhere to food safety legislation put in place to protect their lives.
“But unfortunately, far too often we see that this doesn’t happen, which can have tragic consequences such as in this case.”
Enforcement officers from Southwark Council have since been regularly visiting the Pop Inn Cafe to ensure it follows new procedures for preventing contamination.
An inquest into Mia-Shay’s death is still due to be heard.
Cllr Natasha Ennin, Cabinet Member for Community Safety and Neighbourhoods at Southwark Council, said: “What happened to Mia-Shay is a tragedy and my heart goes out to her family and the people who loved her.
“This might have been avoided if the operator of the café had followed simple food safety rules, and our officers will continue to work with local businesses to help ensure these are followed by all food outlets in Southwark.”