Thursday 25 December 2014

Baby who vomited after drinking juice awarded €2,640

By Ray Managh

Published 26/02/2013 | 15:09

A four-month-old baby, who vomited several days after having been given a drink of Heinz Baby Juice, has been awarded damages totalling €2,640 against the company.

Barrister Conor Kearney told the Circuit Civil Court today that little Ava Bowes-Smith’s mother, Amy, had afterwards noticed traces of mould in the juice bottle.

Ms Smith, of Griffith Avenue, Marino, Dublin, had sued H.J. Heinz Company Limited, Hayes, Middlesex, and H.J. Heinz Company (Ireland) Limited, Blackrock, Co Dublin, on behalf of baby Ava.

She told the court in an affidavit that she had bought the Heinz Baby Juice in Lidl, Parnell Street, Dublin, on June 23, 2011, and two days later had given some to Ava.

Ava had started vomiting and on checking the Heinz bottle she had noticed there were lumps of mould in the juice.  The bottle was within its “use-by” date and she believed the drink had made her baby ill.

Mr Kearney, who appeared with Giles J. Kennedy solicitors for baby Bowes-Smith, told Judge Matthew Deery that Ava had been taken to the Temple Street Children’s Hospital, Dublin by her mother.

Ava, now aged two had been assessed and was well looking and hydrated. She had not vomited while in hospital and was subsequently discharged home on the same day.

Mr Ikechukwu Okafor, a consultant in paediatric emergency medicine, stated in a medical report that Ava’s vomiting could have been an adverse reaction to the offending juice and was unlikely to have any ongoing medical consequence for her.

Mr Kearney said the Injuries Board had assessed damages at €2,640 and he was recommending acceptance of the assessment to the court.  Judge Deery approved the assessment.

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