Florida Woman Wins $14 Million Lawsuit After Contaminated Ice Cream Incident
A woman from Florida has been awarded a staggering $14 million after she inadvertently consumed ice cream that contained metal nails and other debris. This traumatic experience, she claims, has left her unable to have children.
On September 11, 2018, Brandi Buckley visited the drive-thru at Blaster’s Ice Cream in Palm Bay for her go-to dessert: butter pecan ice cream. However, unbeknownst to her, the treat was tainted with “multiple metal nails and pieces of metal,” as stated in a lawsuit filed in Brevard County in 2019.
Her son also tasted the ice cream, but during a moment of scooping, Brandi noticed something alarming.
“I went to the light to scoop up some ice cream,” she reported to a local TV station. “And I saw a metal nail inside the cone, almost embedded in it.”
Upon her first bite, something felt off.
“When I swallowed it, it felt like something was caught in my throat,” Buckley recalled. Initially, she thought it was just pecans, given that it was butter pecan ice cream.
Concerned, she went to the hospital for an X-ray, only to discover that it wasn’t a pecan at all. “It was a nail. I mean, I swallowed a nail,” she said, still in disbelief.
The hidden sharp object was not visible, leading her to take a bite without any precaution.
This incident caused severe, permanent damage to her head, neck, limbs, and nervous system, resulting in noticeable scarring and disfigurement.
According to her claims, Buckley also experiences long-lasting neurological damage and physical limitations. The couple stated that this traumatic event has affected their ability to start a family, with Buckley expressing that it deprived them of “the opportunity to have a child.”
The medical expenses have piled up due to hospitalization and ongoing treatments, coupled with a loss of income and future earning potential, as stated in the lawsuit.
The lawsuit names several entities associated with Blaster’s Ice Cream, accusing them of negligence in ensuring their products are safe for consumption.
The complaint argues that the company employed a “certified ice cream maker” to mix and freeze their special dairy blends on-site. However, the plaintiffs claim that the procedure was dangerously flawed, allowing contaminated products to be served to customers.
Initially, they sought damages over $15,000, the minimum required for a circuit court case. However, the jury’s final verdict awarded Buckley $14 million, reflecting the seriousness and permanence of her injuries.
An attorney not involved in the case noted that the substantial judgment seems reasonable given the extent of the injuries. “I think more could have been done. Reproductive litigation comes at a high price,” attorney Danny Caron remarked, stressing the emotional toll of potentially not being able to start a family due to the company’s negligence.
Attempts to reach both Buckley’s and the company’s attorneys for comments have been made.
