A Florida woman has been awarded $14 million in damages after unknowingly ingesting metal nails and shards hidden in her ice cream — a traumatic incident she claims left her permanently infertile.
On September 11, 2018, Brandy Buckley visited a Bruster’s Ice Cream drive-through in Palm Bay, expecting a routine dessert when she ordered butter pecan ice cream. Instead, she was served a product allegedly contaminated with multiple metal nails and sharp fragments, according to a lawsuit filed in Brevard County in 2019.
Brandy Buckley was awarded $14 million in damages after she unknowingly swallowed metal nails and shards hidden in a serving of ice cream — a shocking incident that led to severe injuries.
According to Buckley, the incident began when she took a bite of the ice cream and her son asked to try some as well.
“I got to the light to scoop some of the ice cream out,” she told WESH-TV. “That’s when I noticed a metal nail in the cone — it looked like it was embedded in it.”
She said she immediately sensed something was wrong after her first bite.
“When I swallowed, I felt something in my throat that got stuck,” Buckley recalled.
An X-ray later revealed a metal nail lodged inside Brandy Buckley’s body after she unknowingly swallowed contaminated ice cream.
“At first, I thought it was a pecan since I had ordered butter pecan ice cream,” Buckley said.
Concerned, she went to the hospital for imaging to confirm her suspicion.
“I wanted to be sure it was just a pecan — but it wasn’t,” she explained. “It was a nail. I had swallowed a nail.”
According to reports, the sharp metal objects were embedded within the frozen dessert and not visible to the naked eye, giving Buckley no warning before taking a bite.
As a result, she suffered severe and lasting injuries affecting her head, neck, limbs, and nervous system, along with significant scarring and permanent disfigurement
Metal nails and shards were allegedly discovered inside the ice cream Buckley consumed, according to court filings.
The lawsuit states she suffered permanent loss of bodily function and ongoing neurological damage as a result of the incident.
Buckley and her husband, Patrick, say the injuries have devastated their lives, claiming they were robbed of the ability to expand their family. According to the complaint, the incident deprived them “of having additional children.”
In addition to the physical and emotional toll, Buckley has incurred significant medical expenses for hospital stays, treatments, and ongoing care. The lawsuit also claims she lost income and future earning potential due to her injuries.
The legal action targets multiple Bruster’s corporate entities, alleging they failed to ensure their products were safe for human consumption.
The Bruster’s Ice Cream location in Palm Bay, Florida, where the incident allegedly took place.
According to the complaint, Bruster’s stores rely on “Certified Ice Cream Makers” to prepare and freeze proprietary dairy blends fresh on-site each day. However, the plaintiffs argue that this process failed in a critical way, allowing a dangerously contaminated product to be served to a customer.
The lawsuit initially sought damages exceeding $15,000 — the minimum required to file in circuit court — but a jury ultimately awarded $14 million, citing the severity and permanent nature of Buckley’s injuries.
“The jury heard the evidence and delivered a verdict that was fair given the serious harm caused to my client,” Buckley’s attorney, Scott Alpizar, told The Post.
Another attorney not involved in the case said the $14 million award was warranted based on the extent of the injuries.
“I think it could have been even higher — cases involving reproductive harm often carry significant value,” attorney Danny Karon told The Post.
“Imagine facing the reality of never being able to have a family. That’s what she is dealing with because of the company’s alleged negligence.”
