A teenage student has been awarded more than €30,000 damages in the Circuit Civil Court in relation to an incident in which, she alleges, she swallowed a chocolate spread that had miniscule shards of glass in it.
The girl, 16-year-old Jamie Lee McAdam, took the product injury compensation action through her mother Natasha, against Ferrero UK Limited, Greenford, England, producers of branded chocolate and confectionary product Nutella.
Presiding Judge Justice Groarke was informed that the incident had changed Jamie Lee’s eating habits and she had lost some weight along with recurring episodes of abdominal pain that she experienced. Barrister William Binchy, counsel for Jamie Lee, told the Judge that she had been offered a personal injury compensation settlement of €31,600 by the defendant. Mr Binchy was recommending that it be approved by the court.
Mr Binchy, told the court that Jamie Lee had been injured after consuming Nutella spread over a bagel that her mother had prepared for her. While investigating Jamie Lee’s injury her family discovered there were numerous pieces of glass in the Nutella that remained in the bottom of the jar.
The Nutella in question had been produced in the United Kingdom by Ferrero and bought in a sealed jar in an Irish grocer. Mr Binchy said Jamie Lee had become worried in the hours following the event when she started to suffer stomach pains. Her mother had called Temple Street Children’s Hospital and had been advised by staff to bring her daughter to the hospital to be seen.
She had been attended to by a Doctor and x-rays were conducted but no fragments of glass were found and she had been sent home without any further treatment being administered. Jamie Lee was unable to remain in school the next day as she was suffering from further pain. The following day she had experienced pains in her stomach and had to go home from school.
Judge Groarke approved the offer which will remain in court funds until Jamie Lee’s 18th birthday.
People contracting food poisoning from contaminated watermelons could be entitled to make salmonella compensation claims following the news that the Food Safety Authority of Ireland are investigating four cases of illness which are believed to be attributable to imported fruit from Brazil.
One person is known to have died in England after eating a watermelon slice containing “Salmonella Newport”, with scores more food poisoning cases being investigated throughout the UK and Germany. Typically, illnesses have commenced within three days of eating a pre-packed slice of watermelon and symptoms of the illness including vomiting, abdominal pains, fever and diarrhoea last for four to seven days.
The advice issued by the Food Safety Authority of Ireland is to thoroughly wash all fruit and vegetables before consuming them and, should the symptoms of food poisoning commence, seek medical attention immediately. Early treatment with antibiotics will reduce the effect of the salmonella food poisoning and ensure a quicker recovery from the illness.
People who are confirmed as suffering from food poisoning attributable to watermelon slices are urged to get claims advice from a solicitor before making salmonella compensation claims directly to the Injuries Board. Inasmuch as the respondent in your claim is likely to be the retail outlet from where the contaminated watermelon was purchased, the Food Safety Authority of Ireland may establish a different negligent party in the course of their investigation.