Callum Jones
A woman from Florida who was left unable to have more children after eating an ice cream has been awarded a staggering $14 million following a decision made in Brevard County court.
In 2019, Brandy Buckley filed a lawsuit after claiming that 'foreign and unnatural objects', such as nails and metal fragments, contaminated the sweet treat she'd consumed from Bruster’s Ice Cream in Palm Bay, Florida, in September 2018.
Buckley decided to treat herself to butter pecan ice cream at the drive-thru window that particular day, nearly eight years ago, and took a big bite.
However, when she began to 'scoop some out' for her son, Buckley knew something wasn't quite right.
Advert
"I noticed there was a metal nail in the cone, almost embedded," she told WESH-TV. "When I did swallow, I did feel something in my throat that kind of got stuck.
"I thought it was a pecan because it was a butter pecan ice cream that I had purchased."
The mom visited a hospital to undergo an X-ray, where it was discovered that she had swallowed a sharp metal object.
"It was a nail. I had swallowed a nail," she said.
While she may have only consumed a smaller amount of ice cream, the 'two metal shards' were also found in her system, which reportedly became 'embedded in her intestines', leading to her undergoing surgery.
The worst being complications from a blood clot, which, Buckley says, left her unable to have more children.
"That was my goal and my dream, to have more kids. It was crazy because who expects to get ice cream and find a nail in there?" she continued.
Meanwhile, Buckley's lawyers also claimed that eating the ice cream 'ultimately resulted in permanent infertility', which prevented her 'from having additional children'.
On top of that, the mother claimed in the lawsuit filed against Malabar Creameries that she had suffered various injuries to her head, neck, limbs and nervous system.
Buckley also said she suffered permanent loss of body functions and is continuing to manage ongoing neurological damage, the New York Post reported.
Buckley's lawsuit accused Malabar Creameries of negligence, which they denied in their 2020 response, and sought damages exceeding $15 million.
In the end, a jury awarded her $14 million, including compensation for years of medical bills.
"We are grateful that this jury of six fulfilled their civic duty and listened carefully to all of the evidence," John Alpizar, Buckley's lawyer, said of the verdict, which was made last week.
"This verdict reflects the seriousness of the harm our client endured and ensures accountability at all levels."
LADbible Group has reached out to Bruster’s Ice Cream for comment.