£1,250 awarded to a 7 year-old for shigellosis

Compensation of £1,250 was awarded to a 7 year old girl who suffered from severe dysenteric diarrhoea caused by the Shigella bacteria and complications with her pre-existing diabetes.

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Case details

The Injury

The claimant was 5 years old at the time of the injury and 7 years old when she was awarded a settlement by the Brighton County Court.
The claimant had been diabetic from a very early age.

The claimant ate fruit salad purchased by her parents which contained the Shigella flexneri bacteria. The resulting shigellosis condition caused her to suffer from a fever, stomach pains and severe diarrhoea over the course of a day. She felt exhausted and was unable to eat properly.

The claimant's illness developed into incontinence which was distressing and embarrassing for the claimant. The claimant's parents also ate the fruit salad and suffered from the same symptoms which affected the whole family. The claimant became severely dehydrated by the illness.

The claimant's diabetes was seriously affected by the condition which destabilised her blood sugar levels. She needed insulin injections and frequent blood tests to monitor her blood sugar levels. The claimant was further distressed by the painful and frequent blood letting to monitor her condition.

The claimant was severely ill for a total of 5 days with dysentery and it took over 4 weeks to get her blood sugar levels back to normal and her diabetes back under control as it had been before the infection by the Shigella bacteria.

The claimant also suffered a great deal of weight loss as a result of this condition.

Allegation

It was alleged that defendant was negligent in providing tainted foodstuffs for public consumption. It was also alleged that the defendant's negligence had caused her illness and suffering.

The defendant denied liability and the claim proceeded to a Court hearing

Settlement and Conclusion

The claim was heard in Brighton County Court where the Judge decided that the claimant's condition had been caused by the fruit salad which had not been safely prepared by the defendant.

The claimant was awarded £1,250 for pain, suffering and loss of amenity.

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Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher