A 16-year-old student who claimed to have been injured when she swallowed a chocolate spread containing miniscule shards of glass, has been awarded more than €30,000 damages in the Circuit Civil Court.
Jamie Lee McAdam, through her mother Natasha, sued Ferrero UK Limited, Greenford, England, manufacturers of branded chocolate and confectionary products.
Barrister William Binchy, counsel for Jamie Lee, told Circuit Court President, Mr Justice Raymond Groarke, that she had been injured after eating a bagel over which her mother had spread Nutella, a chocolate spread manufactured by Ferrero.
Mr Binchy, who appeared with Daly Lynch Crowe and Morris Solicitors, told the court that on September 14th, 2016, as Jamie Lee was eating the bagel and chocolate spread, she discovered pieces of glass in her mouth.
An examination afterwards revealed there were several pieces of glass in the Nutella that remained in the bottom of the jar.
The Nutella had been manufactured in England by Ferrero and purchased in a sealed jar in an Irish store.
Mr Binchy said Jamie Lee was alarmed and distressed after the discovery and a couple of hours later started to experience stomach pains.
Her mother contacted Temple Street Children’s Hospital by telephone and was advised to bring her daughter to the hospital.
She was examined and x-rayed but no pieces of glass were discovered and she was discharged from hospital that night. The following day she had further pains in her stomach and had to go home from school.
The court heard that the incident had affected Jamie Lee’s eating habits and she had lost weight with recurring episodes of abdominal pain.
Mr Binchy said the defendant, which had entered a full defence to the claim, had made a settlement offer of €31,600 and he was recommending that it be accepted.
Judge Groarke approved the offer which will remain in court funds until Jamie Lee’s 18th birthday.