Bar fined £100,000 after liquid nitrogen shot caused teen to have her stomach removed

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Bar fined £100,000 after liquid nitrogen shot caused teen to have her stomach removed

Wine-bar
Gaby Scanlon (left) who had to have her stomach removed leaves Preston Crown Court in Lancashire

Oscar’s Wine Bar and Bistro in Lancaster, England, is facing a fine of £100,000 (about $156,000) after serving a shot of Jagermeister laced with liquid nitrogen to a teenager.

The consequences were dire — she had have her stomach surgically removed.

Gaby Scanlon, now 20, was at Oscar’s Wine Bar and Bistro on her birthday in 2012 when she was given a free shot to celebrate turning 18 — the UK’s legal drinking age.

According to The Guardian, Scanlon told the Preston Crown Court that upon being offered the drink by the bartender, she “turned to the man and asked if it was O.K. to drink. He said ‘yes.'”

After ingesting the shot, however, she said she experienced pain in her stomach.

“Immediately on consuming the drink she was taken violently ill, retching and vomiting and smoking from her nose and mouth,” prosecutor Barry Berlin told the court.

Oscar’s Wine Bar began including the liquid nitrogen on its menu after director Andrew Dunn saw similar drinks at the Berkeley Hotel in London and was taken by their smoking effect, according to various reports.

The director of Oscar’s Wine Bar, Andrew Dunn arrives at Preston Crown Court.

The drink was given to Scanlon four seconds after the shot was poured, though The Yorkshire Press reports that the bar had been warned to wait ten seconds to serve a liquid nitrogen drink.

“Straight away I knew something was not right,” Scanlon said. “My stomach expanded. The manager said nothing about waiting for [the nitrogen] to die down.”

Scanlon’s friend testified that the bartender had told her to “drink it while it’s still smoking.”

Peter Lord, a senior health and safety officer, had reportedly visited the bar in May of 2012 before the incident and sent a letter with guidance on liquid nitrogen usage because he was concerned about the drinks, but received no response.

Berlin told the court the wine bar “knew it was dangerous and didn’t properly police it.”

Scanlon was rushed to Lancaster Royal Infirmary after taking the shot, where she underwent a life-saving total gastrectomy to remove her stomach and connect her esophagus to her small intestine.

According to the National Health Service, gastrectomies still allow a person to have a working digestive system, though it may not function as well as it did before. However, it will likely cause changes to a diet, “such as eating frequent, smaller meals rather than three large meals a day,” and may necessitate vitamin supplements to compensate for the nutrients that a stomach would have absorbed naturally.

Dunn, for his part, pleaded not guilty to being part of a corporation that failed to ensure the “safety of persons not in its employment,” and the prosecution gave no evidence against him in particular after a payment of £20,000 was made towards court costs.

Mashable has contacted the UK Department of Health and Safety to inquire whether any further punishment is being considered on account of the bar’s safety violations.

Kevin McLoughlin, a spokesman for Oscar’s Wine Bar, told The Guardian that the family-owned business was “mortified” and has since apologized to Scanlon and her family for “the errors and misjudgments that were made.”

“The company and the family are truly sorry,” he added. “At no time did they see anything warning them of the risks of ingestion. The essence of this calamity was the ignorance on the part of the company.”

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