Two young boys who were sick for a week after eating allegedly out-of-date food from their local Tesco store have settled their cases for €5,000 each.
At the Circuit Civil Court, Judge John O'Connor approved the settlements in the case of 12-year-old Gary and 10-year-old Scott Comiskey who sued Tesco through their father Graham Comiskey, of Whitehall, Dublin 9.
The company, although not having entered a defence in either of the boys' proceedings, had made an offer, without admission of liability, of €5,000 for each of them.
Barrister John Sweetman said in a remote hearing that doctors believed Gary and Scott Comiskey had suffered a form of food poisoning, which had affected them for several days and had caused them distress.
Mr Sweetman told Judge O’Connor that the boys’ mother had bought portions of steak and fish in Tesco on 15 November 2016 and had cooked the meat for her family the following day.
Both had become violently unwell on the following day and for almost a week afterwards, suffering vomiting and diarrhoea. Mr Sweetman said both boys had been distressed because of their experiences.
Gary and Scott had been treated at a local medical clinic at the time and later by their family GP, Dr Raymond Walley, Glasnevin Avenue Medical Centre.
In his report for the court the doctor stated initial examination of the children had indicated gastroenteritis.
Judge O’Connor, approving the settlements as appropriate in what had been distressing circumstances, said the boys had made a good and normal recovery.
