Brandy Buckley, a 43-year-old woman from West Melbourne, Florida, who unknowingly ingested nails and other metal fragments in an ice cream cone purchased at a Buster’s outlet in Palm Bay, has been awarded $14 million in damages.
The multimillion-dollar judgment, which was rendered on Monday, March 23, after two weeks of civil trial, focused on the mental anguish and physical impact of her injuries, which included leaving her unable to conceive.
Buckley, who is known to have a son, in a recent press interaction, opened up about her desire to have more kids, describing it as her “goal and dream” after losing a daughter in 2011.
Buckley’s lawyer, Scott Alpizar, said the verdict reflected “the seriousness of the harm” his client endured and ensured “accountability at all levels.”
Brandy Buckley emerged victorious in court after eight years of litigation
Image credits: WESH 2 News
The food contamination case began on September 11, 2018, when Buckley went to get a sweet treat for herself and her son.
She bought a butter pecan ice cream, of which her son wanted a bite.
After her victory, Buckley told WESH, an NBC-affiliated news channel, that she went to “scoop some ice cream out” for her kid and that’s when she “noticed there was a metal nail in the cone.”
Image credits: brustersfresh
She recalled she had already taken a big bite out of her ice cream, adding she “did feel something” in her throat when she swallowed it.
Buckley said she initially thought she had ingested pecan crumb, but went to the hospital for an X-ray just to be safe.
“It wasn’t pecan. It was a nail,” she later found out.
Image credits: Google/Marc
Buckley’s attorney in a statement posted on his firm’s website, shared that his client had to undergo surgery to get the nail removed, alongside other metal pieces.
According to the legal expert, the medical treatment didn’t stop there.
There were complications, including portal vein thrombosis, which blocks all or part of the vein that carries blood from the intestines to the liver, and significant internal bleeding.
Image credits: WESH 2 News
Eventually, Buckley said she developed a blood clot, for which she was required to undergo an ablation procedure, which contributed to her inability to have more children.
Buckley’s attorney filed a lawsuit against Malabar Cremeries, the local Buster’s franchise, in 2019.
Buckley, together with her husband Patrick, had initially sought damages exceeding $15,000, but the court’s award far surpassed that amount.
Law experts believe the compensation Buckley ended up receiving could have been higher
Image credits: PopsKulture
Image credits: WESH 2 News
According to Alpizar’s online assertion, “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,” he said of his win.
Image credits: WESH 2 News
Speaking to The New York Post, further, he added, “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.”
Image credits: GoldenNoel
Image credits: WESH 2 News
Attorney Danny Karon of Karon LLC, in agreement, said the compensation Alpizar managed to secure for Buckley is not only justified, but “it could have been more, as reproductive cases carry big price tags.”
“Think about the possibility of never being able to have a family. That’s what she faced because of the company’s negligence,” he added.
Social media reactions to the case have been mixed, with some users accusing Buckley of negligence and fraud
Image credits: WESH 2 News
“Why did she continue to eat after feeling something was wrong? People will be encouraged to commit scams after seeing how much she was awarded,” one said, with another quickly backing the claim by writing, “I’ll eat nails and metal shards for $14 million.”
“Man, I see stories like this, and I think to myself, why didn’t I buy that ice cream?” a third expressed.
“Some people have all the luck,” remarked a fourth, while the next added, “People go through the windshield of a car with fewer injuries than what she claims to have sustained from the ice cream.”
Image credits: emnode
A Buckley supporter, meanwhile, inquired, “Is $14 million the worth of a human life? Because this most definitely could have k**led her.”
“She deserves every penny,” a separate user said.
“Another fear unlocked,” remarked the third, while a fourth noted Buckley’s case makes them want to “make everything at home.”
“What if a child got the ice cream?” someone else asked
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