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Judge Issues $50 Million Award In Gel Candy Choking Case

POSTED: 11:36 a.m. PDT July 11, 2003

San Mateo County Superior Court Presiding Judge Mark Forcum has awarded more than $50 million to the family of a 2-year-old who died after choking on a gel candy.

Hong Li Jing of Boston was quiet and solemn in the Redwood City courtroom Friday and used a tissue to wipe away tears as a videotape was played recounting the life and death of his son Jeffrey. Jeffery Jing died on March 5, 2001 after being in a coma for about one week following the choking on the candy manufactured by Sheng Hsiang Jen Foods Co. of Taiwan.

A jury trial was set to begin on Monday, but on June 26 the manufacturer failed to produce depositions and the judge declared the trial a default. At Friday's hearing the plaintiff presented the videotape of his son as evidence to prove how much damage the company's negligence had caused.

"There is no worse loss than the unexpected death of a child," Forcum said.

The judge said that the case was what punitive damages are designed for when he awarded $25 million to Hong Li, another $25 million to Jeffery's mother Aibing Li, and $2,538 for legal expenses.

Hong Li said outside the courtroom that he felt sad and the ruling did not make it any better.

The civil case was filed in San Mateo County because Sheng Hsiang Jen has a distributor in San Mateo.

This is the second gel candy choking trial in the area. In May, a Santa Clara County jury awarded $16.7 million to the family of a San Jose girl who lapsed into a coma in April 1999 and died in 2001 after choking on a piece of candy.

Michelle Enrile, 12, choked on a Lychee Flavor Mini Gel Snack candy in April 1999 and went into a coma. Enrile ultimately died in 2001 without regaining consciousness. Enrile's family sued the candy's maker, Sheng Hsiang Jen Foods Co. of Taiwan, saying the company knew the product had already killed a number of children in Asia before they began selling it in the U.S.

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