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Product Liability

Choking Incident
Joncich vs. New Choice Foods
Verdict: $55 Million
September 8, 2003
  • Andy Joncich, an employee at Sun Microsystems, and Kim Joncich had two small children: their son Deven and daughter Megan. On November 3, 2000, Kim was home with 3 year old Deven when she gave him a "Lychee Flavor" Mini Gel Snack. Kim witnessed Deven's choking and saw his eyes rolling back in his head. After trying unsuccessfully to remove the gel snack from Deven's mouth, she called 911. Deven soon passed out due to asphyxiation. Neighbors then heard her screaming when she ran outside with Deven for assistance.
  • The paramedics quickly arrived and transported Deven to the hospital, where he was resuscitated and placed on a respirator. However, the prolonged period of anoxia caused him catastrophic brain damage and he was placed on life support. The supervising doctors advised the parents that Deven was in a permanent vegetative state with no hope of recovery. Andy and Kim held their child while the life support was removed on November 5, 2000.
  • September 8, 2003: Santa Clara County Superior Court Judge Socrates P. Manoukian awarded $50 million dollars to the parents of Deven Joncich against defendant Sheng Hsiang Jen Foods Company, Ltd. Additionally, the parents received awards from other defendants totalling $5 million.


    • Links

  • Contra Costa Times 09–09–2003; Families face battle to coll
  • $50 million awarded in choking death

    Three year old Deven Joncich
    Deven Joncich
 
Description of Konjac Mini Gel Candies
Konjac, a food "binder," is the common ingredient to all Mini Gel Snacks.
Attributes: konjac causes the gel to become much more viscid and harder to break down with the tongue: sixteen times harder than jello™. When frozen - which the manufacturer recommended - the gel is almost impossible to break down in the mouth.
Names: gel or jelly candies, konjac or conjac candies, konnyaaku candies, mini gel candies, nata de coco candies, and fruit poppers.
Packaging: small (17 grams), thimble–shaped plastic containers come in 18 cup cellophane packages or 75–100 cup 2 liter plastic jugs.
Flavors: strawberry, apple, grape, pineapple, lychee, mango, passion fruit, and taro.
Many mini gel candies encase an opaque, chewy cube known as nata de coco, which is in fact compressed coconut.
Manufactured primarily in Taiwan, Malaysia, Indonesia, and the Philippines.