Bacterial food poisoning. This is the result of the medical report presented by a man who approached the court after suffering from food poisoning caused by eating a rotten boneless ham.
The case occurred in the town of Varginha, south of Minas Gerais, about 300 km from the capital Belo Horizonte, in February this year, but the sentence that condemns the supermarket to pay R$10,000 in compensation for moral damage was handed down last Tuesday (23/12).
According to the Minas Gerais Justice Court (TJMG), the customer showed symptoms of illness eight days after consumption and even filed a formal complaint with the Municipal Health Surveillance, taking away the packaging containing part of the ham suspected of being spoiled.
Despite this, the establishment’s defense affirmed that “there is no appropriate evidence in the file to prove the ingestion of the product, nor its inappropriate nature or the existence of a causal link between the alleged consumption and the symptoms presented.” For supermarket lawyers, the poisoning could have been triggered by the consumption of other foods, allergic reactions or even a virus.
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However, taking into account the proof of purchase of the ham, the medical diagnosis of bacterial food poisoning, the protocol for reporting to the Health Surveillance Department and the photographs of the spoiled meat, Judge José de Carvalho Barbosa ruled in favor of the victim.
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