On 11/9/2018, Brandy Buckley drove to a Bruster's ice cream drive-thru in Palm Bay and ordered what seemed like a normal dessert: butter pecan ice cream. Buckley stated that she and her child tasted the ice cream, and she felt something strange with the first bite.

"As I swallowed, I felt something stuck in my throat", she said.

The mother then went to a lighted area to scoop out the ice cream and found a metal nail in the cone.

Buckley then went to the hospital for an X-ray to confirm if what she choked on was indeed a pecan, but it was not. "It was a nail. So I swallowed a nail", she said.

X-ray image of Brandy Buckley. *NYPost*.

Buckley suffered severe and permanent injuries to her head, neck, limbs, and nervous system, along with significant scarring and disfigurement. According to court records, she also experienced permanent loss of bodily functions and lasting nerve damage.

Buckley subsequently developed complications such as portal vein thrombosis and severe internal bleeding, which necessitated an endometrial ablation procedure, resulting in permanent infertility, her attorney stated.

The lawsuit alleged that Buckley incurred substantial medical expenses for hospitalization, treatment, and ongoing care, along with a loss of income and future earning potential.

The lawsuit targeted the ice cream company, accusing it of failing to ensure product safety for consumers.

Initially, they sought damages exceeding 15,000 USD, the minimum threshold for filing a lawsuit in that jurisdiction. Ultimately, the jury awarded 14 million USD in compensation, based on the severity and permanent nature of Buckley's injuries.

Bruster's Ice Cream has a 70-year history. *Door Dash*.

This lawsuit highlighted the prevalence and cost of foodborne illnesses and injuries in the US, which, according to CDC estimates, cause 48 million illnesses, 128,000 hospitalizations, and 3,000 deaths annually.

Beyond human suffering, these incidents impose significant economic burdens, including medical costs, lost income, and legal fees. Buckley's lawsuit also underscored the potential for severe legal repercussions when companies are found negligent in ensuring food safety.

Bruster's Ice Cream, founded in 1955, currently operates over 200 stores with 2,300 employees, generating approximately 200 million USD in annual revenue. Bruster's offers over 150 ice cream flavors, with prices ranging from 7-24 USD.

By Hai Thu (Based on NYPost, Florida Today)