James Tsindos’ family calls for change after student’s death from allergic reaction

The family of a Brighton Grammar student who died from an anaphylactic reaction to a meal he ordered via Deliveroo say regulations are needed to ensure allergens are listed on food delivery apps.

Kristina, Elpida and Georgia Tsindos with a photo of their brother James, who died after suffering an anaphylactic reaction. Picture: Wayne Taylor

A beloved Brighton Grammar student who tragically died after suffering an anaphylactic reaction did not know the burrito bowl he ordered through Deliveroo was topped with a nacho cheese sauce made from cashews, a court has heard.

James Tsindos, 17, lost his life on June 1, 2021, five days after he ordered the meal from a local vegan restaurant via the food delivery app as he awaited the results of a Covid test.

The Coroners Court on Tuesday heard the year 12 student had asthma and a tree nut allergy, which included cashews, but had not been prescribed an EpiPen.

James’ heartbroken parents Harry and Venetia, his sisters Kristina, Elpida and Georgia and several of his schoolmates packed into the courtroom as Coroner Sarah Gebert ordered an inquest into his death.

His mother clutched a photo of her son and held her husband’s hand as the family’s lawyer Paul Halley told the court they held “grave concerns” about how the burrito bowl was advertised on the Deliveroo app.

The vegan nacho cheese sauce was in fact a cashew sauce, however that was not specified on the online menu.

“I’m sure if James went to a restaurant to eat a burrito, it would be plastered all over the place that (it) contains cashews,” he said.

“There must be some regulations or a way to ensure that people … can be assured when they are ordering food through (food delivery platforms) that they are alerted to any allergens.”

Year 12 student James Tsindos died after suffering an anaphylactic reaction. Picture: Wayne Taylor

Counsel assisting the coroner Rachel Ellyard told the court that after James started eating the meal, his lip swelled, his throat tingled and he developed nausea.

Paramedics were called to the family’s home and he was given a dose of adrenaline, but when his throat continued to tingle, he was given another dose.

James was then taken to nearby Holmesglen Private Hospital, with the paramedics’ notes stating he was triaged at 3.53pm on May 27 and given Ventolin because he felt wheezy.

However, according to Holmesglen’s notes, he was triaged at 3.59pm.

Mr Halley said this discrepancy needed to be investigated, given how crucial six minutes can been in life-threatening situations.

But the court heard that after James was admitted, his oxygen levels started dropping and he was given another dose of adrenaline.

At 4.15pm, James was moved to the resuscitation bay after becoming unresponsive, with doctors observing that his heart was not beating.

By 4.29pm, he was intubated and placed on life support before being transferred to The Alfred.

James’ family say he always found himself through music. Picture: Wayne Taylor

“Despite heroic measures being taken in the ICU, James was declared brain dead at 5.20pm on May 29,” Ms Ellyard said.

He was taken off life support on June 1.

Coroner Gebert told James’ family his death was “not only a loss for yourselves but a loss for our community”, noting the student was a gifted piano player.

She said an inquest would seek to determine whether the medical care provided to James was appropriate after he inadvertently digested cashews.

But she noted the five expert opinions obtained for the purposes of the coronial investigation differed in “fundamental ways”.

“I consider it appropriate to convene an inquest for the purpose of trying to reconcile the evidence of the experts,” she said.

Coroner Gebert told the court food sold by restaurants, cafes and takeaway businesses are not required to have a label but are required to either “display the allergen content next to the food item” or “provide the allergen information to the customer on request”, according to the food standards code.

This means menus do not have to list ingredients or allergens.

However, Coroner Gebert said this was not well understood by many people in the community.

She said she would make inquiries with the Department of Health about education campaigns or whether it has any ability to order food delivery platforms to warn a customer that allergens are not required to be listed.

An expert told the Coroners Court in a previous inquest that platforms should invite the consumer to disclose any potential food allergies before finalising their order.

In 2021, James’ family told the Herald Sun he had dreams to study music and entrepreneurship in Los Angeles.

“During his darkest moments where life seemed quite difficult for him and where he was really struggling to find his place, he found himself through music,” Ms Tsindos said.

“He found peace, safety and solace in his music.”

Mr Tsindos added: “He used to say to us that he wasn’t as popular as some of the other boys, but if he knew how many people he has affected through this tragedy, he would be absolutely blown away.”

A date has not been fixed for the inquest, but it is expected to run for two days.