Bar fined £100,000 after teenager who drank liquid nitrogen cocktail had stomach removed

http://www.independent.co.uk/news/uk/home-news/bar-fined-100000-after-teenager-who-drank-liquid-nitrogen-cocktail-had-stomach-removed-10506319.html

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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.

Gaby Scanlon, now 20, was with friends at the Oscar’s Wine Bar and Bistro in Lancaster when she was given the Nitro-Jägermeister shot for her 18th birthday.

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."

Miss Scanlon from Heysham, Lancashire, had 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 cocktail was safe for consumption. Judge Pamela Badley said that “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.

But health and safety officer Peter Lord, who visited the bar in May 2012 before the incident said he had concerns and sent a letter with guidance on liquid nitrogen use, which was met with no response.

The court heard that Miss Scanlon and her friends had been poured four of the drinks before she was 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.”

Upon consuming the liquid nitrogen which is used for freezing warts, internal tissue was killed and the lining of her stomach was 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 liquid nitrogen had boiled off before consumption.

But the rule – devised by the family-run company who also run BR Guest Limited and Oscar’s Travel and Leisure – was said to have been an “arbitrary figure”.