Woman Awarded $14M After Ice Cream Contamination Leaves Her Unable to Have Children

A woman who consumed ice cream contaminated with rusty metal nails has been awarded $14 million after suffering injuries that left her unable to have children, according to court documents.

Brandy Buckley’s routine visit to a drive-thru ice cream shop turned into a nightmare when she took a bite of the dessert.

The Florida mother visited a Bruster’s Ice Cream location in Palm Bay on September 11, 2018, according to court filings.

She ordered butter pecan ice cream, unaware it had been contaminated with two nails and several small metal fragments, her attorneys said.

She took a bite and swallowed the hidden objects before realizing something was wrong.

“When I did swallow, I did feel something in my throat that kind of got stuck,” Buckley said. “I thought it was a pecan because it was a butter pecan ice cream that I had purchased.”

She was rushed into emergency surgery, where doctors removed the nails and metal fragments from her stomach.

Court documents state that she suffered severe, significant, and permanent injuries affecting her head, neck, body, limbs, and nervous system.

She also experienced permanent loss of bodily function and ongoing neurological damage, according to the filing.

Buckley and her husband, Patrick, said the injuries prevented them from having more children.

Although the couple initially sought damages exceeding $15,000, a jury awarded $14 million, citing the seriousness and lasting impact of her injuries.

The lawsuit also sought compensation for extensive medical expenses, including hospital stays, ongoing treatment, and lost income and future earning capacity.

According to the complaint, Bruster’s stores use “Certified Ice Cream Makers” to prepare and freeze proprietary dairy blends on-site each day.

The plaintiffs argued that the process failed, allowing a dangerously contaminated product to be served to a customer.

“The jury heard the evidence and rendered a verdict that was fair in light of the serious damages that were caused to my client by the incident,” Buckley’s attorney, Scott Alpizar, said.

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