Credit: Adobe Stock/WESH 2 News/Youtube
Woman Left Permanently Infertile After Eating Ice Cream Receives $14 Million Payout
A woman has received a staggering $14 million payout after eating an ice cream left her unable to have any more children.
Brandy Buckley dreamed of having another child after losing a daughter in 2011, however her hopes were shattered when she received the devastating news she would no longer be able to have more conceive following a life-altering trip to a drive-thru ice cream parlour.
Back in 2018, Buckley and her son went to Bruster’s Ice Cream Parlour in Palm Bay, Florida, but she had no idea of the cataclysmic damage a simple ice cream would have on her life.
After ordering a butter pecan ice cream cone, she drove away and quickly noticed something getting stuck in her throat. At first she thought it was a pecan, until she looked down into her ice cream cone and saw a rusty nail poking out of the snack.
“When I did swallow, I did feel something in my throat that kinda got stuck, but I never once thought it was a nail,” she said. “I thought it was a pecan.”
Unknowingly, the woman’s world had been turned upside down in a matter of seconds, on what should have been an innocent and fun trip out with her son.
Brandy Buckley suffered life-altering injuries
After spotting the nail in her ice cream, Buckley went straight to hospital as a precaution, where medics performed an X-ray to determine whether she had actually consumed the foreign object.
Results showed she had indeed swallowed a nail, and the doctors decided to send the mom into surgery to perform an endoscopy to assess the damage.
According to WESH2, medical staff found that not only had she swallowed a nail, she also had ‘two metal shards’ that had become embedded in her intestines, requiring her to go in for urgent surgery to have them removed.
However, one blow led to another, and the Florida native suffered from a blood clot following the surgery, which resulted in an ablation.
Incident left her infertile
The most devastating part of the ordeal was the fact that Buckley was longing to have more children after she lost her daughter in 2011.
Despite being awarded a huge sum of money to cover her medical costs, while attempting to compensate for the pain and suffering caused, the woman has been left unsure what she will do next with her life, after her biggest dream was cruelly ripped away from her.
“Everything that I would’ve wanted, I can’t have,” she said.
Her lawyers told People: “Following the procedure, the plaintiff developed complications that, according to testimony in the case, included portal vein thrombosis and significant internal bleeding.
“At that point, another procedure became necessary. An ablation was performed, which ultimately resulted in permanent infertility.”
An ablation refers to the removal, destruction or erosion of tissue, material or substance, using methods such as surgery, heat or cold. However, it remains unclear what the exact details of the woman’s treatment were.
Awarded more than $14 million compensation
In 2019, Buckley’s lawyers made the decision to bring a lawsuit against both Bruster’s Ice Cream and its parent company Malabar Creameries, on the grounds of negligence.
At first Bruster’s is said to have denied the claims against it, filing a response in 2020 which accused Buckley herself of negligence.
However, she has now been awarded a total of $14,147,525.39, with the jury finding the national franchisor liable under an agency theory, which means responsibility was extended beyond the individual store where the incident took place.
Bruster’s lawyers have since issued a release stating that the outcome of the lawsuit ‘reflects the seriousness of the harm our client endured and ensures accountability at all levels.’
They went on to say: “This case highlights the critical importance of food safety and the responsibility that both local operators and national brands have to protect consumers.
“We are proud to have secured a result that brings justice and accountability for our client.”
Speaking to People, they stated: “Mistakes happen, even from the most trusted national brands. She hopes something like this never happens again.”
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