€10k for boy who choked on plastic while a baby

A 12-month-old child who, eight years ago, choked on plastic allegedly contained in a Cow & Gate baby food jar, was awarded €10,000 damages in the Circuit Civil Court.

€10k for boy who choked on plastic while a baby

The court heard 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 aged one in February 2008, was being fed by his mother, Karen Giblin, when she noticed he was choking.

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

Mr O’Grady 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 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 firm 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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