Boy who ‘choked on plastic in baby food’ awarded €10,000

A one-year-old boy choked on plastic allegedly contained in a Cow&Gate baby food jar has been awarded €10,000 damages in the Circuit Civil Court.

The court heard that the baby food manufacturer, Nutricia Ireland Limited, which trades as Cow&Gate, had delivered a full defence denying liability for the claim of Aaron Giblin, now aged nine.

Barrister Keith O’Grady told the court that Aaron, who was one-year-old in February 2008 when the incident occurred, he was being fed by his mother, Karen Giblin, when she noticed he was choking.

Ms Giblin, of Doon, Kilfree, Gurteen, Co Sligo, said she checked and found a piece of soft plastic in the contents of what he was eating.

Mr O’Grady, who appeared with John McNulty of Kevin P Kilrane and Co solicitors, told Judge John Hannan that after the incident Aaron refused food and was gagging on food given to him. He attended his GP who noticed he had a sore looking throat.

The court heard that Aaron had a painful throat for a few days refused to eat solid food for several months. Through his mother, he sued Nutricia Ireland Ltd for negligence.

Mr O’Grady told Judge Hannan that the company, after an investigation and extensive testing, denied the piece of plastic, resembling tape, could have come from its plant.

It claimed the plastic could not possibly have passed through its production process and remained in the state it was when Aaron chocked on it.

Mr O’Grady said the company had made a €10,000 settlement offer without admission of liability.

Counsel said although the offer may be low, he was recommending acceptance of it to the court, as if the case went to full trial, Aaron may lose his claim. Judge Hannan approved the offer.