Florida Woman Awarded $14M After Eating Contaminated Ice Cream Cone

Jury finds Bruster's ice cream liable for serving ice cream laced with metal nails and shards.

Mar. 29, 2026 at 4:27pm

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A Florida woman was awarded $14 million in damages after she unknowingly swallowed metal nails and shards concealed in an ice cream cone from Bruster's ice cream store, leading to serious medical complications that left her unable to have children.

Why it matters

This case highlights the importance of food safety and quality control in the ice cream industry, as well as the significant legal and financial consequences companies can face when they fail to protect their customers from dangerous contaminants in their products.

The details

In September 2018, Brandy Buckley ordered a butter pecan ice cream cone from a Bruster's ice cream store in Palm Bay, Florida. After taking a few bites, she discovered the ice cream was laced with multiple metal nails and shards. Buckley immediately went to the hospital, where surgeons removed one of the nails and multiple pieces of metal. However, she later developed complications including a blood clot and internal bleeding, which resulted in permanent infertility. Buckley filed a lawsuit against Bruster's parent company, Malabar Creameries, seeking damages for her injuries and medical expenses. A Brevard County jury ultimately awarded Buckley $14 million, finding the company liable for serving a defective and dangerous product. Bruster's had claimed Buckley was negligent and that their product was not defective, but the jury disagreed.

  • In September 2018, Buckley ordered the contaminated ice cream cone from Bruster's.
  • In 2019, Buckley filed a lawsuit against Bruster's parent company, Malabar Creameries.
  • In March 2026, a Brevard County jury awarded Buckley $14 million in damages.

The players

Brandy Buckley

A Florida woman who was awarded $14 million after unknowingly swallowing metal nails and shards in an ice cream cone from Bruster's ice cream store, which led to serious medical complications and permanent infertility.

Bruster's

An ice cream store chain that was found liable for serving a contaminated ice cream cone to Brandy Buckley.

Malabar Creameries

The parent company of Bruster's ice cream stores, which was sued by Brandy Buckley and ordered to pay $14 million in damages.

John Alpizar

The attorney who represented Brandy Buckley in the lawsuit against Bruster's and Malabar Creameries.

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What they’re saying

“When I did swallow, I did feel something in my throat that kind of got stuck. I thought it was a pecan because it was a butter pecan ice cream that I had purchased.”

— Brandy Buckley

“That was my goal, and my dream was to have more kids.”

— Brandy Buckley

“We are grateful that this jury of six fulfilled their civic duty and listened carefully to all of the evidence. This verdict reflects the seriousness of the harm our client endured and ensures accountability at all levels.”

— John Alpizar, Attorney

What’s next

Bruster's and Malabar Creameries are expected to appeal the $14 million jury verdict, which means it could be years before Brandy Buckley receives any compensation.

The takeaway

This case serves as a stark reminder of the importance of rigorous food safety standards and quality control measures in the ice cream industry. The significant damages awarded to Brandy Buckley underscore the severe consequences companies can face when they fail to protect their customers from dangerous contaminants in their products.