A Florida woman who says she was left unable to have more children after eating an ice cream has been awarded $14 million after a verdict in Brevard County court.
Brandy Buckley took legal action in 2019, alleging that nails and metal fragments were present in a dessert she bought from Bruster’s Ice Cream in Palm Bay, Florida, in September 2018.
On the day in question, Buckley visited the drive-thru and ordered a butter pecan ice cream. After taking a bite, she later noticed something unusual when she went to take some out for her son, realizing the treat didn’t seem right.
“I noticed there was a metal nail in the cone, almost embedded,” she told WESH-TV. “When I did swallow, I did feel something in my throat that kind of got stuck.
“I thought it was a pecan because it was a butter pecan ice cream that I had purchased. It was a nail. I had swallowed a nail.”
Although she says she only ate a small amount, Buckley claimed that “two metal shards” were later found in her system, followed by years of medical issues.
She said the most serious outcome was complications linked to a blood clot, which she claims ultimately meant she could not have more children.
“That was my goal and my dream, to have more kids. It was crazy because who expects to get ice cream and find a nail in there?” she continued.
In her 2019 lawsuit against Malabar Creameries, Buckley also alleged she experienced multiple injuries affecting her head, neck, limbs, and nervous system after eating the ice cream.
She further claimed she suffered permanent loss of bodily functions and continues to deal with lasting neurological damage, according to the New York Post.
Her attorneys argued that the incident “ultimately resulted in permanent infertility,” saying it prevented her “from having additional children”.
A jury ultimately awarded Buckley $14 million, including compensation connected to extensive medical costs incurred over several years.
“We are grateful that this jury of six fulfilled their civic duty and listened carefully to all of the evidence,” John Alpizar, Buckley’s lawyer said of the verdict, which was made last week.
“This verdict reflects the seriousness of the harm our client endured and ensures accountability at all levels.”
Bruster’s Ice Cream has been contacted for comment.