A CHILD HAS been awarded €10,000 in damages after he choked on plastic allegedly contained in a Cow&Gate baby food jar.
The incident happened eight years ago when the child in question, Aaron Giblin, was just 12 months old.
The Circuit Civil 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 Giblin, now aged nine.
Barrister Keith O’Grady told the court that Aaron was being fed by his mother, Karen Giblin, in 2008 when she noticed he was choking.
Ms Giblin, of Doon, Kilfree, Gurteen, Co Sligo, said in a sworn statement that 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 had attended his GP who noticed he had a sore looking throat.
The court heard that Aaron, who had a painful throat for a few days, refused to eat any solid food for several months. Through his mother Karen, Aaron sued Nutricia Ireland Ltd, of Sir John Rogerson’s Quay, Dublin, 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 their 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 damages settlement offer, without admission of liability.
Counsel said that 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.
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