In light of a recent incident, a cafe’s service of a plastic-filled drink has sparked controversy. While both the cafe’s main office and the franchise owner have accepted responsibility for the mistake, a pregnant woman in her twenties who consumed the drink tragically suffered a miscarriage.
Kim, a twenty-eight-year-old woman, carries the weight of immense sadness as she reflects on the day she was eagerly anticipating the arrival of her second child. The memory of that day, when she first met her unborn baby, remains etched in her heart. They had even given the baby the name Lira, envisioning a precious little chick. However, a month later, her joy turned to grief when she experienced a miscarriage. The bleeding she endured felt like the painful loss of her child. After consuming the beverage in question, she began to feel foreign objects within her. It wasn’t just a couple; there were numerous pieces. She felt discomfort in her stomach and rushed to the hospital, where doctors diagnosed her with a gastrointestinal hemorrhage. Kim found herself with plastic inside her body, but being pregnant, she faced challenges in undergoing thorough examinations. With the well-being of her pregnancy at stake, she couldn’t risk an X-ray procedure.
Despite Kim’s hopes for an apology or some form of acknowledgment, her efforts were futile following a miscarriage that may have been caused by plastic. Upon examination of the drink, an abundance of plastic pieces spilled out, leaving Kim feeling even more disheartened. The owner of the cafe claimed ignorance when questioned about the issue, citing that the grinding noise during blending would have been different if there were plastic present. She also mentioned that the plastic would not have been able to pass through her throat, and her tongue would have detected something unusual.
Eventually, the cafe owner did apologize, and the cafe headquarters promised to take full responsibility. Kim promptly reported the incident to the Food and Drug Administration and local authorities, but no action was initially taken until the media picked up the story.
After a waiting period of around 15 days, Kim finally received a call to bring the drink to the local office. However, due to the lack of a legal provision addressing negligence resulting in miscarriage, there is currently no legal recourse to penalize the cafe owner under existing law.
Moreover, the absence of legal recognition for the fetus poses an additional obstacle when seeking compensation for emotional distress or medical bills. The responsibility for ordering and indulging in the item solely fell upon her, driven by her personal preference for its taste. Regrettably, this decision has resulted in the closure of the cafe, leaving room for the necessity of thorough investigations. Tragically, amid this tumultuous situation, a young couple has suffered the devastating loss of their precious child.
(source)
https://news.jtbc.co.kr/article/article.aspx?news_id=NB12147307
https://news.nate.com/view/20231009n17287
https://www.seoul.co.kr/news/newsView.php?id=20231007500016
https://m.edaily.co.kr/news/Read?newsId=02971686635770296&mediaCodeNo=257