A man has filed a personal injury suit against the Hershey Company and Wal-Mart Stores after his 2-year-old son ate candy containing a rusty needle.


On October 22, 2008, 2-year-old Matthew Oyler consumed a Mounds dark chocolate snack candy manufactured by the Hershey Company and bought at Wal-Mart, according to the suit filed by Samuel Oyler in West Virginia’s Kanawha Circuit Court on October 27.


Oyler says that when his son ate the candy, a rusty needle that had been lodged in the candy became lodged in his mouth, causing him to suffer injuries that included cuts and infections.


The suit alleges negligence on the part of Hershey Company for either failure to inspect the candy or inspecting the candy and selling it in a defective condition.


Oyler claims he has incurred expenses for his son’s medical care and hospital treatment and services for his injuries. He also claims his son will require ongoing medical care and treatment.


Oyler seeks compensatory and general damages.

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