London - A bar has been fined £100,000 after a teenager had her stomach removed after drinking a smoking liquid nitrogen cocktail handed to her for free to celebrate her 18th birthday.
Gaby Scanlon, now 20, was celebrating with friends at Oscar's Wine Bar and Bistro in Lancaster when she was given the Nitro-Jägermeister shot by a barman. Preston Crown Court heard that within seconds of drinking it, she experienced “agonising pain” as smoke billowed from her mouth and nose.
She said: “I turned to the man and asked if it was okay to drink, he said 'yes'. Smoke was coming from my nose and mouth. Straight away I knew something was not right. The manager said nothing about waiting for it to die down.”
Miss Scanlon from Heysham, Lancashire, needed surgery to remove her stomach, and her small bowel was connected with her oesophagus to save her life.
Oscar's admitted it failed to ensure the shot was safe for consumption and pleaded guilty to one count of failing in the duty of an employer to ensure the safety of persons not in its employment. Judge Pamela Badley said that its “failings fell very far short of standards”.
The bar had sold a range of cocktails using liquid nitrogen to create a smoking effect after director Andrew Dunn saw similar drinks in the Berkeley Hotel in London. Peter Lord, a health and safety officer, who visited the bar in May 2012, said he had concerns about the drinks and sent guidance to the bar on liquid nitrogen use, but received no response.
The court heard that Miss Scanlon and her friends had been poured four of the drinks before being told “the birthday girl could have a free shot”.Prosecutor Barry Berlin said: “Immediately she was taken violently ill, retching and vomiting and smoking from her nose and mouth.”
After drinking the liquid nitrogen, which is used for freezing warts, internal tissue was killed and the lining of her stomach perforated.The court was told that three years on, Miss Scanlon still has pain.
Mr Berlin added: “The investigation uncovered serious systematic failings by this company and director.” Training notes were said to have been “loose” with staff told to wait 10 seconds until the nitrogen had boiled off before drinking. But the company-devised rule was said to have been “arbitrary”.
The Independent