Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Shutterstock/Stephanie Frey

Child awarded €10,000 after choking on plastic allegedly contained in a Cow&Gate baby food

The company made a €10,000 damages settlement offer, without admission of liability.

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.

Read: Mother and partner convicted of murdering two-year-old boy>

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

View 10 comments
Close
10 Comments
    Install the app to use these features.
    Mute Derek Hatchell
    Favourite Derek Hatchell
    Report
    Jun 1st 2016, 6:07 AM

    Oh for the love of god what next !

    94
    Install the app to use these features.
    Mute Ían Ó Ceallaigh
    Favourite Ían Ó Ceallaigh
    Report
    Jun 1st 2016, 12:55 PM

    A child dead because of lax safety procedures?

    1
    Install the app to use these features.
    Mute Peter Fechter
    Favourite Peter Fechter
    Report
    Jun 1st 2016, 6:48 AM

    It took 8 years to get to court.

    70
    Install the app to use these features.
    Mute Shaun Gallagher
    Favourite Shaun Gallagher
    Report
    Jun 1st 2016, 7:19 AM

    There’s all the insurances up another few bob.

    58
    Install the app to use these features.
    Mute Peter Buchanan
    Favourite Peter Buchanan
    Report
    Jun 1st 2016, 7:20 AM

    Lawyers go wild……

    31
    Install the app to use these features.
    Mute Anne Marie Devlin
    Favourite Anne Marie Devlin
    Report
    Jun 1st 2016, 9:08 AM

    @Matt. Given the huge number of these articles designed to cause outrage, you’d have to wonder if there was an agenda.

    7
    Install the app to use these features.
    Mute Matt Connolly
    Favourite Matt Connolly
    Report
    Jun 1st 2016, 8:25 AM

    1. if the judge found in favour of them, it is no longer “allegedly”, but most probable.
    2. Legal fees and claims are actually still decreacing – that line from the insurance companies is bullsh!t
    3. Claims don’t cause premiums to rise – negligence does (although as stated in point 2, they’re actually decreacing)
    4. Is the journal part owned by an insurance company? All theis pieces seem like well crafted PR spin.

    6
    Install the app to use these features.
    Mute Pharmyco
    Favourite Pharmyco
    Report
    Jun 1st 2016, 9:15 AM

    It didn’t go to trial

    12
    Install the app to use these features.
    Mute Ían Ó Ceallaigh
    Favourite Ían Ó Ceallaigh
    Report
    Jun 1st 2016, 12:56 PM

    So it’s hush money?

    1
    Install the app to use these features.
    Mute Dave Meagher
    Favourite Dave Meagher
    Report
    Jun 1st 2016, 6:47 PM

    A family member fed the same bullshit from Denny for a blade in black pudding , oh that couldn’t have come from our process, it’s quiet impossible. Even though it was clear it did. They offered vouchers and All they wanted was Denny to donate 100 to charity and they refused.

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.