Toddler gets €6k after earwig found floating in water bottle
A toddler who drank from a water bottle that allegedly contained an earwig has been awarded nearly €6,000 damages in the Circuit Civil Court for personal injuries.
John Ferry, for Hazel Tyrell (3), of Ashfield Rise, Balbriggan, Co Dublin, told Judge Terence O'Sullivan that on December 17, 2015, when Hazel was only 15-months-old, her mother, Colette Tyrell, had bought a number of bottles of water from SuperValu in Balbriggan.
Later that day, Ms Tyrell had given Hazel one of the bottles to drink.
Mr Ferry said that after Hazel had drunk the water, her mother noticed something floating inside the bottle and on closer inspection found an insect, an earwig.
Defendants Musgrave Group and Munster Soft Drinks had entered full defences to the claim that the water had been contaminated and unacceptable for human consumption.
Ms Tyrell, in a sworn statement, said that two days after drinking the water, her daughter developed a swollen eyelid and spots on her body behind her neck, ears, tummy and legs.
She was unwell for a few days and had been seen in Drogheda Hospital A&E. She had been told it was likely that her daughter had suffered a mild allergic reaction and the symptoms had resolved over the following 24 hours.
Mr Ferry told the court that a settlement offer of €5,000 had been made in the case and, together with €956 expenses, he was recommending acceptance of the offer to the court.
Judge O'Sullivan, in approving the offer, said he felt it would have been unwise for the child's legal team not to recommend acceptance of the settlement.