£2,560 awarded for a claim for foreign objects in food

A claimant was awarded £2,560.00 after swallowing a foreign object that was found in some cheese.

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Case details

The incident occurred when the claimant swallowed a piece of cheese that contained pieces of either plastic or glass. After swallowing the object the claimant's husband looked in her mouth and was able to remove a white opaque foreign object. He failed to see another piece of the object that had become lodged on the right side of the claimant's throat.

Injury Details

The claimant attended her GP two days following the accident where she was referred to the hospital. Once at hospital a number of x-rays and CT scans were carried out to try and locate the object. One of the x-rays involved a barium swallow to try and help the doctors locate the object that had been swallowed.

The x-rays and investigations lasted for a period of six months. It was finally confirmed that the object was located in the right para-pharyngeal region of the claimant's neck.

The object could have been removed by either internal or external means however doing so would also bring with it complications due to the object being located very close to a main artery within the neck. Removal of the object was therefore not recommended.

Following the accident the claimant felt that raising her voice was more difficult and that her throat became more tickly. She had therefore changed the foods that she was eating to softer foods. She did suffer with anxiety as a result of the accident and this was acknowledged by the Court when deciding on the level of damages to be awarded.

Conclusion and Settlement

A settlement outside of Court could not be agreed between the claimant and the defendant and the matter therefore went before the Court. The Court ordered that £2,560 be paid in damages for pain suffering and loss of amenity.

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Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher