Posted: December 12th, 2018
€30,000 faulty product compensation has been awarded to a teenage student at the Circuit Civil Court after she, allegedly, swallowed a chocolate spread that had tiny shards of glass in it.
16-year-old Jamie Lee McAdam, submitted the product injury compensation action via her mother Natasha, against Ferrero UK Limited, Greenford, England, manufacturers of Nutella chocolate spread.
Judge Justice Groarke was told that the incident had affected Jamie Lee’s eating habits and she had experienced weight loss and ongoing episodes of abdominal pain. Legal representative for Jamie Lee, Barrister William Binchy, told the Judge that she (Jamie Lee) had been offered a compensation settlement of €31,600 by the defendant. Mr Binchy was asking Judge Groarke to approve the settlement.
Mr Binchy informed Judge Groarke that Jamie Lee had been injured after eating Nutella spread on a bagel that her mother had prepared for her. While reviewing Jamie Lee’s injury, her family found there were numerous miniscule pieces of glass in the Nutella that remained in the bottom of the jar after she had eaten the spread.
The jar of Nutella was produced in the United Kingdom, by the company Ferrero, and purchased in a sealed jar at an Irish supermarket. Mr Binchy said Jamie Lee had become concerned in the hours following the event when she started to experience stomach pains. Her mother had made contact with Temple Street Children’s Hospital and had been told by staff to bring her daughter to the hospital to be seen.
She had been seen by a Doctor and W-rays were carried out. However, no fragments of glass had been found and she had been allowed to return home without any further treatment being required. The following day Jamie Lee was unable to remain in school as she was complaining from more pain.
Judge Groarke approved the personal injury compensation offer which will remain in court funds until Jamie Lee turns 18 years of age.