A Florida Mom Swallowed a Nail in Her Ice Cream and a Jury Just Made Brusters Pay $14 Million

Apr 1, 2026

Bruster's Ice Cream has been advertising "Real Ice Cream" on its signs for years.

Brandy Buckley found out what was really inside that cone.

A Florida jury just handed her $14 million after she swallowed metal nails and shards hidden in a butter pecan ice cream – and the complications took away her dream of having more children.

What Brandy Buckley Found Hidden in Her Brusters Ice Cream

On September 11, 2018, Buckley pulled up to the Bruster's drive-through in Palm Bay, Florida, and ordered butter pecan.

She took a big bite.

"When I did swallow, I did feel something in my throat that kind of got stuck," she told WESH2. "I thought it was a pecan because it was a butter pecan ice cream that I had purchased."

It wasn't a pecan.

Her son wanted a taste, so she went to scoop some out – and that's when she saw it.

A metal nail, nearly embedded in the cone itself.

She drove straight to the hospital for an X-ray, and it confirmed what she feared.

She had swallowed a nail.

The ice cream contained two nails and multiple metal fragments, according to court documents.

Surgeons removed one nail during emergency treatment, along with additional pieces of metal.

Then the real nightmare began.

How Malabar Creameries Responded to the Contaminated Ice Cream Lawsuit

Buckley developed portal vein thrombosis – a blood clot blocking the vein that carries blood to the liver.

Internal bleeding followed.

A subsequent ablation procedure left her permanently infertile.

"That was my goal, and my dream was to have more kids," she said.

Bruster's parent company, Malabar Creameries, responded to the 2019 lawsuit by denying the allegations and claiming Buckley herself was negligent – and that their product was not "defective."

Think about that.

Each of its stores employs what Bruster's calls "Certified Ice Cream Makers" who mix and freeze proprietary blends fresh on-site every day.

That process broke down badly at the Palm Bay location – and the company still stood behind a "not defective" defense for eight years.

A Brevard County jury of six heard both sides and disagreed.

Why the 14 Million Dollar Verdict Against Brusters Matters

The jury found not just the local franchise liable – it found the national Bruster's franchisor liable too, under an agency theory.

That matters.

Franchise companies routinely hide behind the local operator when something goes wrong, claiming the franchise owner is an independent business they can't control.

Courts have increasingly pushed back on that defense, recognizing that national franchisors set the training standards, the product standards, and the quality controls.

When those standards fail, the national brand shares the liability.

The full verdict: $14,147,525.39 – for medical bills and pain and suffering.

"We are grateful that this jury of six fulfilled their civic duty and listened carefully to all of the evidence," Buckley's attorney John Alpizar told News6. "This verdict reflects the seriousness of the harm our client endured and ensures accountability at all levels."

Eight years from ice cream cone to $14 million verdict.

And it's not over. Alpizar expects an appeal, meaning it could be years more before Buckley sees a dollar.

That's the part that should make your blood boil.

Malabar Creameries' legal team spent eight years blaming the woman who swallowed their nails – and now those same lawyers will drag it through the appeals process while she waits.

That's what well-funded defense attorneys do to ordinary Americans who won't quit.

Brandy Buckley didn't, and a jury of six regular Floridians made sure it mattered.


Sources:

  • Anthony Clark, "Brevard woman wins $14M lawsuit after eating ice cream contaminated with nails," ClickOrlando, March 27, 2026.
  • "Florida jury awards $14M to woman who ate ice cream filled with nails, metal fragments," WFLA, March 2026.
  • "Florida jury awards $14M to Florida woman over ice cream contaminated with nails, metal fragments," Fox35 Orlando, March 2026.
  • Lowell Cauffiel, "Florida Woman Awarded $14 Million After Eating Ice Cream Contaminated with Metal Shards and Nails," Breitbart, March 29, 2026.

Latest Posts: