A woman has received compensation for cardiac arrest due to medical negligence after she received incorrect chemotherapy treatment, despite the HSE offering no admission of liability.
In November 2010, Pauline Carroll (65), of Mountmellick in County Laois, attended the Midland Regional Hospital in Tullamore for a consultation on the progress of her cancer treatment. She had undergone surgery on a tumour earlier in the year and started undergoing chemotherapy treatment in August 2010.
However, instead of consulting with a doctor first, Pauline was immediately started on another session of chemotherapy. When the doctor saw Pauline an hour later, he informed her that the treatment should not have been started because her white cell count was 1.07, even though it should have reached at least 1.5 before she was subjected to a further course of chemotherapy.
Two days later following this incident, Pauline suffered a cardiac arrest at her home. She was taken to hospital where she suffered a second cardiac arrest, causing her to suffer brain damage. Pauline is now in a permanent vegetative state and is cared for around the clock in a specialist nursing home.
On his wife´s behalf, Kevin Carroll claimed compensation for a cardiac arrest due to medical negligence – alleging that the treatment should not have been administered before Pauline had seen the doctor, particularly when it was known that she had suffered cardiac pain three months earlier and the chemotherapy drugs she had been treated with were cardiotoxic.
The Health Service Executive (HSE) denied liability for Pauline´s injury – arguing that there was no connection between the administration of the chemotherapy and Pauline´s cardiac arrest and brain damage. However, at the High Court, Mr Justice Kevin Cross was told that the HSE had agreed to a settlement of compensation for a cardiac arrest due to medical negligence without an admission of liability.
According to details of the settlement, Pauline will receive €975,000 compensation for a cardiac arrest due to medical negligence and the state will pay for her care for as long as she lives. Judge Cross approved the settlement, commenting it was a “very good legal outcome for what has been an unfortunate and tragic outcome”.
A five-year-old girl has received €240,000 in compensation from the HSE for a facial scar that she received due to negligence following her birth.
In January 2011, Abigail Byrne was born at the Cork University Maternity Hospital. Her birth was difficult, and required use of forceps by medical staff. After she was born, an elasticised bandage was placed around her head and left for over a day. The bandage left a red mark on the baby’s forehead, approximately ten centimetres long and one centimetre in depth. Abigail’s mother-Jennifer-had been ensured that the mark was temporary.
After the mother and child were discharged from hospital, a nurse informed Jennifer that the mark on Abigail’s head was likely to be permanent, and that she should seek advice on Abigail’s behalf. Jennifer consulted a plastic surgeon, who stated that it would not be possible to help the young girl until her late teens.
Jennifer sought legal counsel, and made a claim for a facial scar due to hospital negligence on her daughter’s behalf. Jennifer claimed that there had been a failure by medical staff to correctly position the bandage on her daughter’s head, and that the bandage had been left on for too long, thus leaving the scar.
The Health Service Executive (HSE) admitted liability for Abigail’s scar. The case was brought to Mr Justice Kevin Cross for assessment of the compensation to be paid to Abigail. The judge heard that Abigail’s parents had delayed her christening for a week so as to give the mark a chance to fade. Judge Cross adjourned the hearing so that settlement negotiations could take place.
When the hearing was restarted, the judge was informed that a settlement of €240,000 for a facial scar claim had been agreed upon. The judge approved the settlement on Abigail’s behalf, and closed the hearing, wishing the young girl all the best for her future.
A High Court Judge has approved a settlement of compensation for a young boy who underwent surgery that left him permanently disabled.
In January 2012, Jude Miley-six months old at the time of the incident-from Dundrum in Dublin underwent surgery at Our Lady´s Hospital for Sick Children to readjust the contour of his diaphragm, which was causing difficulty in his breathing. Tragically, a suture used during the operation was located too close to Jude´s heart and, every time he took a breath, his heart was getting stabbed by the raw end of the suture.
Two days after the surgery, Jude went into cardiac arrest. Although he was brought round quickly, Jude´s brain had been starved of oxygen during the ordeal. An MRI scan was taken, and it was revealed that he had suffered permanent brain damage. Jude´s parents – Greville and Anne Louise – were informed by medical staff that it the cardiac arrest was a risk associated with the surgery and there was nothing that medical staff could have done.
Both of Jude´s parents gave up their jobs to care for their infant son. Friends of the family raised funds for Jude to have specialist treatment in both the UK and the USA. Our Lady´s Hospital for Sick Children launched an investigation into the circumstances surrounding Jude´s cardiac arrest. The inquiry excluded Greville and Anne Louise, despite the couple´s request to be informed of any developments.
Greville claimed compensation for negligent diaphragm surgery in an attempt to uncover why their son had suffered such injuries. He claimed that the suture had been placed without the surgeon having sight of Jude´s heart and other vital organs, and also that the hospital had failed to act appropriately when Jude´s parents had raised concerns about Jude´s condition after the operation.
The hospital admitted liability for Jude´s injuries last year, and a €1.8 million settlement of compensation for negligent diaphragm surgery agreed to cover the cost of a new home for the family and Jude´s parent loss of income. As the settlement was in respect of a claim on behalf of a child, it had to be approved by a judge to ensure it was appropriate and in Jude’s best interests.
The case was heard at the High Court. Mr Justice Anthony Barr was told the details of Jude´s diaphragm condition and the operation that had been scheduled to rectify it. The judge was also informed about Jude´s cardiac arrest and the consequences to his family after it was discovered Jude had suffered brain damage. The judge approved the interim settlement of compensation for negligent diaphragm surgery and adjourned the case in order that an assessment can be made of Jude´s future care needs.
A chef has received compensation from his employers for a burn injury he sustained due to a malfunctioning powerhose.
In March 2013, Shijun Liu-who usually worked as a chef at the Howards Way Restaurant in Rathgar-was working at the restaurant´s sister establishment in Churchtown, Dublin. During his time there, he went to the assistance of a cleaner who was trying to untangle the domestic powerhose used to clean the kitchen.
As Shijun and the cleaner attempted to untangle the kinks in the hose, the hose suddenly sprayed scalding water at Shijun. The hot water severely burned his ankle. Shijunnwas taken to the VHI Clinic in Dundrum, where he was treated for burn injuries.
Due to the severity of his injuries, Shijun was unable to role as chef for two weeks. He sought legal counsel and made a claim for a restaurant kitchen injury against his employer–Declan Howard trading as Howards Way Restaurant – but consent was denied for the Injuries Board to conduct an assessment of Shijun´s claim.
With an authorisation from the Injuries Board to pursue his claim for a restaurant kitchen injury, Shijun sought further legal advice. Shijun was advised to take his case to the Circuit Civil Court, where it was heard this month by Mr Justice Raymond Groarke.
At the hearing, Judge Groarke was told that the domestic powerhose used to clean the restaurant kitchen was unfit for purpose because the heat of the water being used would have damaged it by softening it. The judge found in favour of Shijun and awarded him €15,000 in settlement of his claim for a restaurant kitchen injury – commenting that he had found Shijun´s version of events very compelling.
A woman has received compensation for a bar slip and fall injury which has left her with reduced function in her thumb.
In May 2011, Sharon Kelly (44) of County Offaly attended a thirtieth birthday party at the Arc Café Bar on the Fonthill Road in Dublin. Shortly after midnight, Sharon crossed the wooden floor in the lobby area to go to the bathroom, slipped on some liquid spilt on the floor and dislocated her thumb as she tried to catch herself from the fall. The injury left her with a loss of sensation in her thumb, and a reduced pinch grip.
Sharon sought legal counsel, and made a Dublin bar injury compensation claim against Lackabeg Limited trading as the Arc Café Bar, claiming that there had been a failure to monitor the condition of the floor surfaces and take corrective action when a risk of injury was identified.
Lackabeg Limited denied liability for Sharon´s injury, and contested the Dublin bar injury compensation claim on the grounds that the bar had a comprehensive and thorough cleaning system in place. The owners of the bar alleged that Sharon had been drinking at the party for more than five hours and was wearing four-inch heels at the time of her accident, and thus had contributed to her own injuries.
With liability contested, the Injuries Board issued Sharon with an authorisation to pursue her Dublin bar injury compensation claim in court. The case was heard by Mr Justice Anthony Barr at the High Court a short while ago.
During the hearing, Judge Barr was told that the liquid on the floor could either have been caused by a patron spilling their drink or water being walked out from the ladies toilet. The judge accepted the evidence of two other women that the toilets in the public bar had been in poor condition that night and complaints were made to bar staff.
The judge also reviewed CCTV footage of the circumstances surrounding Sharon’s accident, and heard that the bar had been particularly busy that evening due to a two-for-one drinks promotion to promote a televised Champions League football match. The judge said he was satisfied that there was liquid on the wooden floor where Sharon slipped and fell, and thus she was not liable.
Awarding Sharon €90,000 in settlement of her Dublin bar injury compensation claim, Judge Barr said: “People cannot be expected to look at the floor when walking across a bar. She was entitled to expect that the floor was dry and it was safe for her to walk across it.”
A woman has received €117,000 in compensation for surgical negligence which resulting in her contracting an infection after giving birth to her child.
Sarah Daly of Rathfarnham in Dublin gave birth to her child at the Mount Carmel Hospital on April 22nd 2013. The despite the success of the operation, Sarah returned to the hospital complaining of extreme pain in her lower abdomen three days later.
Despite being aware that Sarah having recently given birth, medical staff at the Mount Carmel Hospital neglected to conduct an internal investigation until April 28th. The investigation revealed the presence of a retained swab that had swollen to the “size of a plum” in her abdomen.
The swab left inside of Sarah was removed. Her doctors failed to prescribe her with appropriate antibiotics, and as a result Sarah developed an infection. After she recovered, Sarah sought legal advice and claimed compensation for a swab left inside during childbirth against her consultant doctor Valerie Donnelly and attending physician Charles Julian Dockeray.
The two medical professionals acknowledged liability for the Sarah´s injuries, but a settlement of compensation for a swab left inside during childbirth could not be agreed. Consequently, the case went to the High Court for the assessment of damages, where it was heard by Mr Justice Kevin Cross.
At the High Court, Judge Cross awarded Sarah €117,000 compensation for a swab left inside during childbirth. The judge commented he believed the award to be “fair and reasonable” because what ought to have been a very joyous occasion for Sarah had become something that will live with her for the rest of her life.
A young boy has received compensation for the PTSD-like symptoms he had been suffering as a result of a fire that broke out in his family home several years ago.
In June 2010, a fire broke out at the Mond family home in Kinnegad, County Westmeath. The entire family was safely evacuated, and a later investigation discovered that the cause of the fire was an electrical fault in the Hotpoint dishwasher. One of the children-Aaron, who was nine years-of-age at the time of the incident-had been previously identified as suffering from a mild intellectual disability and as a result of the fire, was left suffering from PTSD-like symptoms.
Aaron displayed symptoms of obsessive compulsive disorder for several years after the fire burnt down his family home. He became irrational fearful of fire, and would compulsively check and recheck household electrical appliances each night to ensure that they were safely switched off and unplugged.
On behalf of his son, Henry Monds sought legal counsel and claimed PTSD compensation for a child traumatised by a fire against Indesit UK Ltd, the manufacturers of the faulty dishwasher. The defendants admitted liability for Aaron’s post-traumatic stress disorder and acknowledged that it had produced a faulty dishwasher.
An assessment could not be made by the Injuries Board due to the psychological nature of the claim, and a hearing was scheduled at the High Court to consider how much compensation Aaron should be awarded. Mr Justice Bernard Barton heard the circumstances of Aaron’s trauma. He was informed that after years of therapy, Aaron had improved considerably.
The judge was further informed that, for many years after the fire at the family home, Aaron had suffered night terrors and still had anxiety attacks about another fire in the family home. Judge Barton accepted the medical evidence that Aaron´s current symptoms would be described as residual of a post-traumatic stress disorder and he awarded Aaron €51,244 PTSD compensation for a child traumatised by a fire.
A young girl has received compensation from a pharmacy after her finger sustained considerable damage in an accident involving the pharmacy’s doors.
In November 2012, Julia Roman (who was just six-years-old at the time of the incident) was leaving the Doc Morris Pharmacy in Lucan, County Dublin when her finger was caught in the door of the shop. Julia suffered from a severed fingertip and lost a nail as a result of the incident. Julia was rushed to the Emergency Department of Our Lady’s Children’s Hospital in Crumlin, where the medical staff on hand were able to put Julia under general anaesthetic and reattach her fingertip.
Julia was required to return to hospital on several occasions following the accident so that doctors could assess how her injury was healing, and change her dressings. Julia was left with a small scar on her finger, and was rendered unable to continue with her piano training due to recurring pain in her finger.
On her daughter’s behalf, Elena Roman made a claim for compensation for finger injury in a door accident against the owners of the Doc Morris Pharmacy-Unicare Pharmacy Ltd-and the company that had installed the doors-Lovco Cleaning and Building Services of Tallaght.
The defendants admitted liability for Julia’s injury, and made an offer of compensation amounting to €40,000. The family agreed to the settlement that had been made, but since the compensation was being offered to a minor, the sum had to be approved by a judge in court to ensure that it was in Julia’s best interests.
The approval hearing took place at the Circuit Civil Court in Dublin, where it was heard by Mr Justice Raymond Groarke. The judge was informed to the consequences of Julia’s unfortunate accident, and how it had affected the young girl’s quality of life. The judge approved of the €40,000 settlement of compensation for finger injury in a door accident.
A claim against Iarnrod Éireann for an injury that an employee sustained has been settled for an undisclosed sum.
In February 2012, Padraic Reddin (38 at the time of the incident) from Donaghmede, County Dublin, was employed as an electrician for Iarnrod Éireann when he was changing the front destination scroll on a DART train in the depot in Fairview. As he was lifting the 10kg scroll into place, he suddenly felt a sharp pain in his shoulder and across his upper back. He was forced to take a break from work, and waited for the pain to subside a little before continuing his job of installing the scroll later on.
For several weeks after the incident, Padraic continued to experience pain in his shoulder. If affected his everyday life, and interfered with his sleeping patterns. Even small tasks, such as making a cup of tea, proved occasional discomfort for Padraic. He visited his own GP, and reported his injury to his superior. However, no accident report form was filed by the superior as Padraic’s accident had happen two weeks prior to being reported.
Padraic sought legal counsel and made a claim against Irish Rail for a workplace injury. He submitted an application for assessment of his claim to the Injuries Board. However, the defendants refused to give consent to the Injuries Board for the assessment of the case, and as a result Padraic was issued with authorisation to pursue his claim against his employers in court.
The case was heard earlier this week in the Circuit Civil Court by Mr Justice Raymond Groarke. The plaintiff claimed that, due to the weight of the scroll that needed to be lifted approximately 2 meters to be installed, that the task should have required two employees to prevent any potential risk of injury. The judge also heard that Padraic experienced discomfort in his upper back for several months following the incident.
The hearing briefly adjourned, and after the court reassembled the judge was informed that the claim against Iarnod Éireann for a workplace injury had been settled for an undisclosed amount. Judge Groarke awarded Padraic his legal costs, and struck out the case.
The court has agreed upon a €9 million settlement for a young girl who was left brain-damaged due to mismanagement of her birth, leaving her deprived of oxygen.
In April 2005, Alex Butler (10) was born at the Waterford Regional Hospital. Due to medical staff mismanaging her birth, she was deprived of oxygen, and born “blue and lifeless”. The staff at the hospital were able to resuscitate her, but as a consequence of the lack of oxygen in the womb, she is tetraplegic and requires the care of her parents for the rest of her life.
On behalf of her brain-damaged daughter, Sonya Butler made a claim against the Health Service Executive (HSE), her obstetrician John Bermingham for severe birth injuries compensation. She also made a further claim against the locum Mahmud Khbuli, who had not called for the necessary emergency Caesarean Section when Alex’s heart rate-dropped in the womb.
The HSE admitted liability for the injuries, but the case against John Bermingham and Mahmud Khbuli was dismissed in court. In 2013, the family received €1.4 million in interim compensation, and the case was adjourned so that a sum for the final settlement could be assessed.
It took over two weeks for the State Claims Agency to agree to a final settlement of €9 million for the severe birth injuries compensation, despite the defendants admitting liability and issuing a public apology. According to Sonya, their attitude to the case was “disgusting”.
“They fought tooth and nail” Sonya said in a statement to the press. “They basically want Alex to have an existence, not a life. They want her to scrape by with the bare minimum rather than her having the life that she should have had.”
In response to Sonya’s allegation, the State Claims Agency issued a statement which read: “The State Claims Agency recognises that clinical negligence cases involve patients who have suffered enormous trauma and pain. The Agency is acutely conscious that it has a duty to act fairly, ethically and with compassion in all its dealings with these patients and their families.”
The State Claims Agency’s statement further commented on the lack of a structured settlement system: “The Agency has frequently stated that the current legal system for resolving medical negligence cases is not fit for purpose and has been to the forefront in introducing reforms to make the process easier for the families involved.”
The Dublin High Court has awarded €40,796 in compensation to a holidaymaker who was injured when his sunbed malfunctioned while on holiday in 2012.
While on a package holiday the Hotel Savoy in Lake Garda, Italy, Vincent Reid (72) of Lisburn, County Antrim, leaned back on the sunbed, catching his middle finger in the arm mechanism of the chair. The tip of the finger was sliced off in the incident. After being attended to in the local hospital, his finger was wrapped in a split, where it remained immobilised for three months on his return to Ireland.
The vacation had been organised through the travel firm Topflight Ltd. Vincent made is claim for compensation through the Injuries Board of Ireland against them, claiming their negligence had caused his injury. The defendant denied liability for the accident, claiming that such an event was unforeseeable to them.
Vincent’s case for compensation was heard by Mr Justice Michael Hanna at the High Court in Dublin last week, as the Injuries Board was unable to assess the claim themselves.
At the hearing, the judge heard how another Irish guest had received a similar injury at the same hotel only a few days before Vincent had his own accident. It was also explained that the chair had not been suitable for use by Vincent, as the arm mechanism wasn’t locked into place as it should have been.
The judge dismissed Topflight Ltd’s claim that the accident could not have been foreseen. He stated that the fact that the sunbed would collapse had the arm mechanism not been locked in place would have been known to the staff at the resort, and they had been negligent in checking the mechanisms, thus putting holidaymakers at risk of an accident.
He also heard that Vincent was unable to participate in activities such as DIY or gardening due to pain that he suffered in his finger, and that the finger still had limited mobility after the accident.
Judge Hanna found Topflight Ltd guilty of breaching the Package Holidays and Travel Trade Act of 1995, rendering them liable to pay Vincent €40,796 for a sunbed accident on holiday.
The families of victims of Legionnaires disease have begun legal action as a result of the outbreak in Staffordshire, which killed three and infected eighteen others.
Richard Griffin (64), William Hammersley (79) and Harry Cadman (71) all fell victim to the disease and died within a week of each other in August 2012. The source of the legionella bacteria was found to be the JFT Discount Warehouse in Stoke-on-Trent. Eighteen more people were admitted to hospital after showing symptoms of inhaling the fatal bacteria.
An investigation into the outbreak was launched, and it was revealed that a dirty hot tub that was on display in the shop was the source of the pathogenic bacteria. When the water in the hot tub was aerosolised, the victims consequently inhaled the bacteria.
The disease induces symptoms such as chills, fevers, coughing and headaches in those infected. In the case of the three fatalities of this outbreak, the disease quickly manifested itself as pneumonia and deteriorated into catastrophic organ failure.
Fourteen claims claimed compensation against the owners of the warehouse, thirteen of which were settled outside of court. The families of the three men that died are pursuing their claim for fatal Legionnaires disease outbreak through the courts.
Richard Griffin’s daughter has since issued a statement to the press, which read: “Nothing can ever bring our dad back but we just want to make sure justice is done and that there is some accountability for his death. I truly hope no one ever has to go through what we have.”
The defendants have admitted liability for the fatal outbreak of Legionnaires disease through JFT Warehouse’s public liability insurers. The settlement of compensation for a fatal outbreak of the bacteria will be decided at the court hearing.
Criminal charges are being considered for a fatal Legionnaires outbreak by the Crown Prosecution Service, but will be decided upon later this year when the result of the inquest into the deaths of the three men will be released.
An animal rescue centre has been found negligent in a case involving a dog bite injury, and was ordered to pay compensation of €7,500 to the victim.
In November 2009, Rhys Loy of Clongriffin, Dublin was cycling home from school when he was attacked and bitten by a Collie dog who was being walked by its temporary owner, Anecy Sholling. Rhys suffered a shallow laceration to his left leg. He was transported to Children’s University Hospital inTemple Street, where is wound was treated by medical staff. Rhys had to have several follow-up consultations to have the dressings changed.
On behalf of her son, Sinead Byrne consulted solicitors and made a claim for compensation for a dog bite injury against the animal’s owners-Deirdre and Gina Hetherington of the PAWS animal rescue centre in Mullinahone, County Tipperary. She further claimed that the animal was dangerous, and should be put down.
The defendants denied liability for the injuries sustained by Rhys, and claimed that Ms Sholling had adopted the dog several months before the attack. They also claimed that they did not know where the dog was located after he evaded capture by the police officers who were trying to execute the warrant.
Due to the defendants contesting liability, the case was heard in the Circuit Civil Court in Dublin by Mr Justice Raymond Groarke. The judge heard that the dog was not adopted by Ms Sholling, but was being fostered by her, and that it had been returned to the rescue centre following the attack.
As the rescue centre owned the animal at the time of the attack, the judge found Deirdre and Gina Hetherington of the PAWS animal rescue centre negligent. They were ordered to pay €7,500 in compensation to Rhys for his injuries. The judge also added that he did not believe it a coincidence that the dog had escaped from being put down.
A judge has awarded compensation to a young man for whiplash injuries sustained when the car he was travelling in collided with a wall.
In December 2010, John Connors (fifteen years old at the time of the incident) was travelling along the Kiltipper Road in Tallaght in his aunt Bridget’s car when she accidentally drove into a wall. John was transported to hospital, where he was diagnosed with and treated for soft tissue injuries to his neck and back. He had to return to hospital several more times to receive physiotherapy for his injuries.
On his son’s behalf, John’s father made a claim for compensation for passenger injuries due to whiplash against Bridget. She admitted liability for the injuries sustained, but contested the Injuries Board’s assessment of compensation. As a result, the case was brought before the Civil Court.
Court President Mr Justice Raymond Groarke heard that there was confusion over John’s claim for passenger injuries due to whiplash as a similar action was being pursued in County Cork.
The judge heard that John’s late father had taken John to consult with a solicitor’s firm shortly after the car accident, but John could not recall the names of the solicitors, or where they could be located.
The claim for compensation was before Judge Groarke for the assessment of damages only. The judge questioned if John had suffered any long-term injuries as a result of the accident. John responded that the soft tissue injuries had healed after the incident. John stated that suffered from a liver condition-unrelated to his aunt’s accident-that prevented him from drinking alcohol, and would cause John to age prematurely.
The judge awarded John €10,000 as compensation for passenger injuries due to whiplash that he sustained in the car accident. The judge also awarded him the costs of legal action. Judge Groarke commented that John had undeniably suffered some soft tissue damage to his neck and back as a consequence of the accident.
A family has been awarded €35,000 in compensation for the tragic loss of their four-year-old boy after their car collided with that of a negligent driver earlier this year.
In April of this year, Ciaran Treacy of County Laois was travelling in his mother’s car with his brother-Sean-and mother-Gillian-when it was involved in a head-on collision along the Portarlington to Portlaoise Road. Sean (8) and Gillian were badly injured after the accident, but unfortunately, Ciaran was killed.
The driver of the other vehicle-Finbar O’Rourke-was deemed negligent, and was arrested for dangerous driving causing death at the scene. Finger’s case is still to be heard. Ciaran’s father-Ronan-made a claim for compensation for a fatal car accident, in account of the mental trauma experienced by the members of his family in response to Ciaran’s death.
The defendants did not contest Ronan’s claim, and the case was brought to the Civil Circuit Court in Dublin. Mr Justice Raymond Groarke heard the case, and awarded the family €35,000 in compensation for the accident. This is the maximum settlement that can be awarded for mental distress over the loss of a loved one under Civil Liability Act 1961.
The compensation is due to be divided between the members of Ciaran’s family. Ronan and Gillian-who is confined to a wheelchair for life due to her injuries-are each to receive €10,000 for the loss of their son. Ciara’s two siblings-Sean and Caoimhe-are each to receive €5,000. His grandparents on each side of the family are to receive €1,250 each.
The judge approved of the distribution of compensation among the family, and awarded Ronan a further €8,000 to cover funeral costs. The judge expressed the court’s deep sympathy at the tragic loss of the young boy from the family.
A woman has been awarded compensation for a wrist injury that she sustained in a car accident which caused her to give up her profession and outdoor lifestyle.
In December, 2011, Denise Murray (49) was involved in a car accident in Lucan, County Dublin. As a result of the accident, she damaged her heel and her right wrist. Denise’s heel eventually healed, but her wrist injury didn’t. Denise was a successful horse trainer, but the damage that she sustained to her wrist prevented her from returning to work.
After seeking legal advice, Denise made a claim for compensation for a wrist injury in a car accident, stating that as a result of not being able to return to work, she lost her primary source of income. She had to give up her outdoor life so that she could work in a clerical job in a village post office. She claimed that as a consequence of the wrist injury, her hand was too weak to ride. She stated that the slightest twitch in her wrist could cause her to suffer severe pain.
Mr Justice Raymond Groarke heard the case at the Circuit Civil Court in Dublin. He was informed that the steroid indirections that had been given to the base of Denise’s thumb did not succeed in healing her injury. He was further told that the only option left for Denise would be to undergo surgery to insert pins into her wrist, but that this action could not guarantee success. The judge was also told the Denise had an arthritic condition in her wrist that had been aggravated by the accident.
During the hearing, Denise told the judge of how simple household tasks such as opening jars of turning keys in locks became extremely difficult for her. She had almost entirely lost the use of her dominant hand, and the painkillers that she had been given did not agree with her and made her feel sick. Denise claimed that before the accident, she had been a DIY enthusiast, but had to give it up as she was unable to participate in this activity using only her left hand.
When the hearing was complete, the judge awarded Denise €30,500 in compensation for a wrist injury in a car accident. He stated that Denise should have had many more years of enjoying her outdoor lifestyle had in not been for the car accident.
In June 1998, Emma O’Donnell (now sixteen years of age) of Aklow, County Wicklow, was born at the National Maternity Hospital by suction. Hours after she was born, Emma proceeded to have seizures and turned blue. She was subsequently diagnosed by cerebral palsy, causing her to need full time care. She suffers from intellectual disabilities, and has behavioural issues.
On behalf of his daughter, James Forde-who cares for Emma by himself since her mother was institutionalised in 2007 after suffering severe bi-polar disorder-made a claim for compensation for a teenager’s birth injury. He encountered difficulties while making this claim, as it was difficult to establish causation between the treatment that Emma had received and negligence before and after her birth.
The family’s solicitors tried to claim €9 million in compensation for the teenager’s birth injury, but the hospital and the Health Service Executive (HSE) both placed a value on the claim of €6 million. They also stated that they would only pay this sum if full proof of negligence could be established. Eventually, a compromise was agreed in which the claim would be settled for €3 million. As Emma was a minor at the time of the trial, the sum would need to be approved by a judge in court on her behalf.
Mr Justice Nicholas Kearns of the Dublin High Court heard the case, and heard details of Emma’s life to date. He was told that the case was brought so late in Emma’s life due to difficulties with liability ad that the hospital had provided a letter of consent to a settlement of compensation for a teenager’s birth injury amounting to €3 million.
The judge stated that it would be difficult to prove negligence if the claim went to a full hearing, and he approved the settlement of compensation for a teenager’s birth injury. He stated that James Forde had been “heroic” in caring for his daughter.
A former veterinary medicine student has been awarded €1.2 million as compensation for being hit by a drunk driver.
In June 2009, Laura Byrne (now 28 years of age) of New Ross in County Wexford was standing, talking to some friends on the street when she was hit by a car driven by Karol Chrzan. Laura was thrown into the air and landed on the bonnet of the car. Due to the force of the impact, she cracked her head off of the windscreen.
She was immediately transported to Waterford Regional Hospital where she was initially treated before she was transferred to Cork for specialist treatment of her injuries. As a consequence of her accident, Laura suffers ongoing problems with her balance and frequently has bouts of double-vision. Her left arm is now significantly weaker than her right arm. Due to all of these injuries, Laura was forced to give up her pursuit of becoming a veterinarian, and dropped out of her veterinary science course in university.
Chrzan panicked after the incident and drove off from the scene without checking if Laura was alright. He was found and arrested by the police, and he admitted to drinking six beers and some vodka before he got behind the wheel of his partner’s car, for which he was not insured. He was charged for injuring the young student in the hit and run incident, and was sentenced to three years in prison for dangerous driving causing serious harm. His driving license was also revoked for six years.
Laura sought legal counsel, and made a claim for hit and run injury compensation against the Motor Insurers Bureau of Ireland (MIBI)-the body that is responsible for settling claims against uninsured drivers. Following negotiations, a €1.2 million settlement was offered to Laura to account for her injuries and lost opportunities.
Ms Justice Mary Irvine heard the case at the Dublin High Court, and approved the settlement. She commented that it was a very good settlement considering the circumstances, and although no amount of money could make up for the trauma that Laura had suffered, she hoped that the extra money would make life better for her.
A woman who fractured her back in two places while on a boat tour on holiday has received an undisclosed settlement of compensation from her tour operator, Thompson Holidays.
In June 2011, Carol Smith (53) was on holiday with her husband in Mexico after completing a session of radiotherapy treatments to help her beat cancer. The couple had pre-organised boat trip that allowed them to swim with whale sharks. As their boat headed out into the Cancun sea, the weather began to change dramatically, and a storm began to form.
As the waves grew more rough and turbulent, several passengers aboard the boat started to be sick, and the captain of the vessel was asked to cancel the expedition and head back to shore as the conditions were deemed unsafe. The requests were denied and an hour into the trip, the boat was struck by a freak wave which knocked Carol out of her seat. Carol landed awkwardly, and suffered an injury to her back.
While the boat attempted to return to shore, Carol tried to remain as still as possible, holding firmly on to the side of the boat as it made its way back. Their holiday had been ruined due to her injury. On returning to the UK, Carol had an x-ray to assess the damage on her back. It was revealed that it had been fractured in two different places. Carol was admitted to hospital for three weeks, and was forced to wear a special brace to support her back for a further two months after she was discharged.
Carol and her husband consulted their solicitors, and made a claim for compensation for a fractured back on holiday against the tour operator-Thomson Holidays. The couple claimed that the whale shark excursion offered by the company had been unsafe, and they were at a great risk by partaking in it.
After conducting their own investigation, Thompson Holidays admitted liability for Carol´s injuries and agreed to an undisclosed settlement of her claim for a fractured back on holiday.
The driver of a vehicle which struck a lollipop lady has been found solely responsible for the accident after CCTV footage of the incident was found.
In 2011, Eleanor Harman (61) was working as a lollipop lady-employed to help schoolchildren cross the road in a safe manner-when she was hit by a car outside of her home in South Shields, Tyneside. Eleanor was immediately rushed to hospital where she had to undergo vital surgery to survive. She sustained major brain trauma as a result of the accident, and had to spend three months in a high dependency unit. She now has post-traumatic amnesia, and needs full-time care.
Margaret Boyles-the operator of the vehicle which struck Eleanor-was fined £90 and four penalty points were put on her driver’s license for driving without due care and attention. Eleanor’s husband sought legal counsel, and made a school crossing accident claim for compensation against Margaret. Her insurance company denied liability for the accident, and alleged that Eleanor herself should accept some liability for her injuries.
Eleanor’s home had a CCTV installation, so video evidence of the incident was provided. It was shown that Margaret was solely liable for the accident, and Eleanor was in no way to blame. Her insurance company subsequently admitted that their client had been negligent, Eleanor’s claim for school accident crossing injury compensation is now before a judge so that damages can be assessed.
The cost of care, further expert treatment, therapy and equipment to help Eleanor live as much an independent life is expected to exceed a total of £3 million. A verdict on how much compensation Eleanor´s school crossing accident claim is resolved for is expected soon.
A judge has approved a settlement of €250,000 in the case of a man who fell down the stairs of his local pub.
In April 2011, Frank McHugh (80) of Rathgar, Dublin was eating a meal with his family at the Stags Head pub in Dublin. During the meal, he needed to go to the bathroom, which were downstairs from the dining area. As he made is way downstairs, Frank tripped on the steps and fell. Due to the impact of the fall, Frank fractured his skull and suffered brain damage which left him in a coma. Frank requires care for the rest of his life, and has no recollection of the incident.
On behalf of his father, Peter McHugh made an claim for compensation for a fall down stairs of pub injury against the owners of the establishment-Shelbourne O’Brien Ltd. Peter claimed that there had been a failure to provide a safe means of accessing the toilets, and that there were no warning signs of the potential dangers of descending the stairwell.
The defendants denied liability for Frank’s injuries. They argued that Frank had failed to descend the stairs in a safe manner, and the fall that caused him such terrible injuries was a fault of his own negligence for his safety. Shelbourne O’Brien Ltd included CCTV footwear of Frank falling down the stairs in their defence. Frank is shown to be taking the first step onto the stairs, and then tumbling forward.
The case was heard at the Dublin High Court by Ms Justice Mary Irvine. In spite of the company contesting that they were liable for Frank’s injuries, they offered a settlement of €250,000 to Frank through his family. The judge was informed that Frank’s family were advised to accept the offer, even though it was only a small fraction of what a full compensation award would amount to.
The judge agreed that the offer of compensation given by the company would not cover many of Frank’s healthcare costs, but approved the settlement on the grounds that it was unlikely Frank´s injury claim for a fall down the stairs of a pub would be successful if it went to a full trial due to a lack of evidence.
The case of a woman who had to take steroids and antihistamines for an irritable rash that developed due to hair colour treatment she received at a Dublin hairdressers has been resolved out-of-court.
In November 2010, Grainne Moynihan (33) visited her hairdressers in William Street South, Dublin, to have her hair cut and receive a colouring treatment. After the treatment had been given, Grainne developed an itchy and irritable rash on her ears, neck, and scalp as a result of an allergic reaction to the hair colouring.
Grainne received medical attention for the rash. The doctors that she consulted prescribed her oral steroids and antihistamine medication in an attempt to reduce symptoms of the rash.
Grainne sought legal counsel, and made a claim for compensation for hair colouring rash against Coiffeur Salons Ltd, trading as Dylan Bradshaw. The defendants denied liability for the rash, stating that they had not been negligent in any manner. The company entered a full defence against the claim which was due to be heard by Judge Matthew Deery at the Circuit Civil Court.
However, before the scheduled hearing was due to begin, Judge Deery was informed that an undisclosed settlement of Grainne´s compensation claim for a hair colouring rash had been agreed and that the case could be struck off.
A young girl has received €50,000 in compensation for an accident which occurred on a Ryanair plane, resulting in her fracturing her skull.
In September 2010, Klaudia Adamczyk (eight years old at the time of the accident) of Wroclaw, Poland, was travelling with her family on a Ryanair flight from Wroclaw to East Midlands in the UK. As passengers started to retrieve their cabin luggage, a heavy item of luggage fell from the overhead bin and struck Klaudia on the back of her head.
Initially, Klaudia showed no sign of injury, but ten days later the young girl’s mother noticed blood in her ear and took her to hospital. A Cat-scan was taken of Klaudia’s head, and it was revealed that Klaudia sustained a fracture to the base of her skull and had to be admitted to hospital for treatment.
Klaudia was unable to participate in any physical activity for six months following the treatment, and to this day continues to experience frequent headaches. Betty Adamcyk-Klaudia’s mother-sought legal counsel, and made a claim for compensation for an injury on a Ryanair flight. The claim was made in Ireland, as it is the company’s principal place of business.
Betya claimed that the item of luggage which struck her daughter had been forced into the overhead bin without due diligence and that the flight crew had been negligent in their distribution of cabin luggage. The defendants denied that the injury had been due to the negligence of their crew.
Just prior to Klaudia’s claim being heard in court by Ms Justice Mary Irvine, the judge was informed that an offer of compensation for an injury on a Ryaniar flight had been negotiated without admission of liability, and that a settlement of €50,000 had been offered. As Klaudia was a minor at the time of the incident, this sum needed to be approved on her behalf by a judge.
After hearing the circumstances of Klaudia´s accident, Ms Justice Mary Irvine approved the settlement, commenting that the experience must have been very distressing for the young girl.
A man who had been delivering post to a local address has been awarded compensation for severe injuries to his face as a result of a dog attack at the address.
In October 2008, Joseph Dunne (63) of Kilbeggan, County Westmeath, was working as a postman for An Post. He was delivering mail to a local address when he was attacked by a dog that had escaped from the back garden of the house through a hole in the hedge. The dog knocked Joseph to the ground, and clawed and bit the postman.
The dog was eventually stopped by two passers-by when one of them hit the dog across its back with a stick. Joseph was transported to hospital, and received medical attention for the lacerations to his face that he received. Joseph needed 22 stitches to the right side of his face, and he received treatment for nerve damage which affected movement in his forehead. He later had to undergo plastic surgery to disguise the scarring from the attack. In spite of the trauma, Joseph returned to work soon after the attack. The dog was put down the day after the attack.
Joseph sought legal counsel, and made a dog bite injury compensation claim against the dog’s owners-Olive Dalton and Martin Maher. He claimed that they had been negligence in ensuring that their garden was secure enough to prevent the dog from escaping. The defendants denied liability for Joseph’s injuries, and the case was brought to court.
The case was heard by Mr Justice Michael Moriarty in the Dublin High Court, who ruled in Joseph’s favour after hearing the circumstances of the attack. Joseph was awarded €55,000 as compensation for his injuries. The judge commented that Joseph had been brave to return to work so soon after such a particularly frightening incident.
A teenage girl who suffered respiratory distress syndrome as a result of her premature birth-which was caused by her mother’s involvement in a road traffic acciddent-has received €17,800 in compensation.
In April 1999, Martina Sheehan of Rathfarnham in Dublin was driving along the Templeroan Road in Rathfarnham, and was thirty-six weeks pregnant at the time. Martina was involved with a collision with a car driving in the opposite direction, driven by Elaine O’Connor.
Neither driver was injured in the accident, but the shock of the impact resulted in Martina going into labour several weeks early. After two days of labour, she gave birth to a daughter at the Coombe Hospital in Dublin.
Her daughter-Aoife-immediately suffered from respiratory distress syndrome, and needed to be transferred to the neo-natal intensive care unit. She was placed on a ventilator to assist her breathing, and given medication. Aoife remained critically ill for a further three weeks, and remained in the intensive care unit for that duration of time.
On behalf of her daughter (now fourteen years of age), Martina made a claim for foetal injuries in a car crash on the grounds that, had the accident not occurred, Martina would not have gone into premature labour and Aoife would not have been born so early. If Aoife was not born so early, she would not have suffered respiratory distress syndrome as she did.
Elaine O’Connor’s insurance company denied their policyholder’s liability for Aoife’s injuries. They claimed that there was no proof that the accident was responsible for the early onset of labour. They claimed that Aoife’s premature birth caused her breathing difficulties as pre-term babies were more predisposed to respiratory distress.
However, Martina and Aoife’s legal team continued with the claim for foetal injuries in a car crash and, as Judge Matthew Deery heard at the Circuit Civil Court was told, a settlement was negotiated between the parties, and it was agreed that would see Aoife receive €17,800 in compensation for her pre-birth injuries.
The judge approved the settlement, stating that it was a good one in the circumstances, and ordered that Aoife´s compensation be paid into court funds, where it will remain until she reaches the age of eighteen.
A report by the RCSI has revealed that cancers-particularly breast and colon-are more likely to be misdiagnosed by GPs than any other disease.
The Royal College of Surgeons in Ireland (RCSI) has released a report which indicates that the majority of malpractice claims made against GPs are due to missed or delayed diagnoses. The report was compiled by the Centre for Primary Care Research in Dublin, and was undertaken to identify the areas of primary care which should be focused on when planning future educational strategies and developing risk management systems for primary healthcare professionals.
The report has revealed that claims for compensation made against GPs often involve missed diagnoses or medication errors. Delayed diagnosis of breast cancer and colon cancer are responsible for more malpractice claims against GPs than any other form of medical negligence combined.
Dr Emma Wallace-the lead researcher involved in the report and practicing GP-has acknowledged that family doctors are practicing more defensively as the number of malpractice claims against them increases. More patients have been referred unnecessarily to consultants, which then leads to the identifiable condition to deteriorate and the patient to become more unwell.
The report has also identified that cancers of the skin, female genital tract and lungs were also identified later than they should have been, or were misdiagnosed, in addition to breast and colon cancer. In children, appendicitis and meningitis were the two illnesses that were more likely to be misdiagnosed than any other.
Dr Wallace has admitted that GP malpractice claims are “not a perfect substitute for adverse events”, and said that when malpractice claims are made against GPs, the doctors involved often experience higher levels of stress. This stress reduces the level of service they are able to offer and placing more patients at risk of a missed diagnosis or medication error.
She commented “this systematic review is timely considering the increased interest in focusing on primary care as a way of improving patient care and safety”. She hopes that the report provided an invaluable insight into the types and causes of adverse effects in clinical practice which would reduce the number of GP malpractice claims in Ireland.
A Sheffield factory worker who broke his foot in an accident at work, has resolved his injury claim for a broken foot. Michael Kirby who settled his compensation claim out of court will receive £6,500 after an alloy bar fell on his left foot.
His employers Ross & Catherall Limited admitted negligence in the incident as Mr Kirby had received inadequate training and resolved his injury claim for a broken foot.
An unnamed 61-year-old maintenance officer has successfully made an injury compensation claim for falling down stairs after he was forced to retire six months early.
The man, an employee at the West Yorkshire Police Headquarters injured his back when he fell down the stairs on the premises in November 2008.
Due to the injuries he suffered the man was unable to lift without feeling pain and subsequently retired. The judge found in favour of the victim and awarded him £17,000 for his injury compensation claim for falling down stairs.
A Freedom of Information Act request has provided figures that show compensation claims against the MoD (Ministry of Defence) in Britain cost £17 million during 2012.
Out of the 137 accidents reported, injuries sustained in MoD kitchens and slips and trips on Ministry of Defence property were the most common compensation claims against MoD. The amount of compensation paid due to accidents on MoD property in 2012 was up 8 per cent on 2011.
A construction worker has been awarded €49,757 by the High Court in compensation for the digger accident which left him with burns to 14 per cent of his body.
Pawel Ciawlowski (32) from Navan in County Meath suffered the injuries when the radiator of a digger exploded showering him with hot water and scalding steam. The digger had previously been reported as overheating. The victim spent several days in hospital and he required treatment for severe burns for months after the August 2012 accident.
During this time the claimant was unable to work, take a planned holiday to Spain or attend the gym. Mr. Ciawlowski made a compensation claim against his employers Emdan Developments Ltd of Bective Street Kells on the grounds that they were negligent and knowingly exposed him to the risk of injury by failing to repair the malfunctioning digger.
Emdan Developments Ltd is in liquidation and did not contest the claim.
A plumber, has been awarded €6,750 in compensation by the Circuit Court after he broke his ankle when he tripped over wire at Dun Laoghaire Golf Club
Barry McGrath from Fingals in Dublin had been working at the golf course and tripped and fell the stray wire as he was leaving the premises in May 2010. X-rays revealed that he had broken his left ankle and was unable to work for some time.
He claimed compensation against Cosgraves Developments, the managers of the site. They denied liable stating that the wire could easily be seen but Mr Justice Raymond Groarke found in Mr.McGrath’s favour stating that the wire should never have been located where he fell.
A 12-year-old boy has been awarded €340,000 compensation after the High Court his serious arm injury was due to negligence caused by St. Joseph’s Hospital in Clonmel during his birth on April 9th 2002.
Jack Fitzpatrick of Clonmel, County Tipperary has limited use of his right arm as a result of an Erb´s Palsy injury which is most often caused by the stretching and tearing of nerves.
Claiming on behalf of her son Catriona Fitzpatrick first sought legal advice before pursuing compensation. Mr Justice Sean Ryan heard that Jack Fitzpatrick would not be able to follow the family tradition and become a Garda and that he is also unable to play racquet sports.
A negotiated settlement was approved by the judge and he praised the boy’s parents for the physiotherapy they had done with their son.
An officer who sustained hip and leg injuries in a car ramming incident in which his partner was killed was awarded €45,000 compensation for Garda injuries.
Garda Bernard McLoughlin and colleague Garda Gary McLoughlin had their patrol car rammed by Martin McDermott, of Raphoe, County Donegal in December 2009. Garda Gary McLoughlin subsequently died from the injuries he sustained while Garda Bernard McLoughlin had to take a leave of absence as he was unable to work with the injuries he sustained. In July 2011 McDermott was sentenced to eight years in prison for manslaughter.
Awarding the claim at the High Court In Dublin Ms Justice Mary Irvine said the two officers who shared were more than colleagues after they had lived and trained together during their training at Templemore before being stationed in Buncrana.
A woman has been awarded €13.150 in compensation by the Circuit Court after she slipped and fell on a moving walkway in a Dublin Shopping Centre in December 2007.
Nuala Holloway Casey (60) from Blackrock in Dublin caught her shoe heel in a hole on the walkway and fell damaging her left ankle. The court heard how Ms Holloway Casey had been forced to give up tennis as a result of the injury she sustained. Although Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited admitted liability for her injury they were in dispute with the victim over the amount of compensation that should be award as Ms Holloway Casey failed to seek professional medical care for ten days after the incident, she also adversely affected the injury in a separate fall in 2009.
The judge awarded the victim €12,000 compensation for her fall and €1,250 to account for expenses incurred as a direct result of the accident.
An 11-year-old boy has been awarded €1.35 million in compensation by the High Court due to medical negligence that occurred during his birth which resulted in him developing mild cerebral palsy.
Susan Fitzgerald from Lehanaghmore in County Cork sought compensation on her sons behalf after an alledged delay in his birth resulted in him suffering a lack of oxygen to his brain on April 10th 2001. Both consultant obstetrician Dr David Corr and the Bon Secours Hospital, College Road, Cork City denied liability for his injury but at the High Court, Justice Mary Irvine was informed that a settlement had been reached without admission of liability for the claim.
A former waiter who is claiming compensation for a back injury sustained while loading trays onto a trolley at the Slieve Russell Hotel has been giving evidence to support his compensation claim at the High Court.
Robert Miloch, from Ballyconnell, County Cavan, said that he heard his back crack and felt a pain going down his leg when he squatted down to replace trays on the trolley. As a result of the injury he was unable to walk and he went to see a doctor.
To substantiate his claim for compensation, the victim displayed an MRI scan to the court taken after the accident. It showed that two discs in his back had crushed a nerve and he was advised by his doctor not to return to work.
Mr Justice Sean Ryan heard that the defendants deny responsible for the injury on the grounds that the claimant was in a car accident later that year which could have been responsible for his injury. The case continues at the High Court.
A child has been awarded 14.5 million dollars in compensation in an out of court settlement. Steven Domalewski suffered a catastrophic concussion injury aged just 12-years-old in 2006 while partaking in a baseball game.
Playing has a pitcher, the victim suffered a cardiac arrest when the player who Steven pitched to hit the ball back and it hit him on the chest. It was 20 minutes before the victim regained consciousness but as a result of oxygen starvation to the brain, he suffered irreversible brain damage.
The victim’s family pursued a claim for compensation on the grounds that a metal baseball bat should not have been used in a children’s game. Little League Baseball denied any responsibility for the injury. However solicitors acting on the victim’s behalf argued that Little Leage Baseball had in fact limited the strength of metal baseball bats to that of wooden ones in 2008 resulting in an eighty per cent reduction in injuries to pitchers.
The trial was about to begin when the State Superior Court in Passaic County a settlement had been reached between the two parties.
In the Dublin High Court a judged has ordered Dublin Bus to release CCTVaccident footage of a claimant to solicitors.
Mr Justice John Hedigan made the ruling the bus company had repeatedly stalled releasing the footage. They argued that the information they possessed was privileged and as it could be used as potential evidence in litigation, Dublin Bus refused to release the footage.
In October 2009 a female claimed that she had sustained an injury on Dublin Bus the previous year but the company did not accept liability. The claimant’s solicitors learned of the footage while they were preparing for court action and despite repeated requests for the footage, Dublin bus refused to hand it over.
In July 2011 Judge Jacqueline Linnane ruled in the claimants favour that the CCTV footage should be released but Dublin Bus appealed the decision to the High Court where Mr Justice John Hedigan found in favour of the claimant.
A child is to receive €100,000 in compensation after the settlement of his claim for head and leag injuries he sustained when he was knocked off his tricycle after a car crash.
Bartosz Zakrzewski from Birr, County Offaly was cycling along An Coran Street in Birr when he was hit with a car driven by Caitríona Kelly. He was thrown from his bike and landed several meters away. He suffered injuries to his head, body and a broken leg.
Claiming through his mother Monika the compensation claim was due to be heard in the High Court as Ms.Kelly denied that she had been negligent. However Ms Justice Mary Irvine heard that the claim had been settled shortly before proceedings were due to begin and approved the compensation settlement.
An 11-year-old boy has been awarded €20,000 in compensation for an injury sustained while playing football on council property.
The Circuit Court heard that Kristin McMahon sustained injuries to his leg and knee when he fell on a concrete surface while playing in a football competition hosted by Bradog Youth Services Ltd in June 2009.
He was taken to the Children’s hospital in Temple Street where scans showed that he had suffered a fracture to his tibia. He was in a plaster cast for several weeks as a result. Representing her son Carol Mooney made the compensation claim against Bradog Youth Services Ltd and Dublin City Council with the parties agreeing a negotiated settlement which Justice Matthew Deery approved.
A five-year-old girl has been awarded €27,500 after a fall in Hamleys Toy Store in Dundrum left her with a permanent facial scar.
Brianna Healy was aged two when she fell and hit her head on the premises on 23rd February 2009. At the Circuit Court Justice Matthew Deery heard that Hamleys had admitted responsibility for the shop accident, but the family had consulted with a solicitor after they found the store’s original offer of compensation to be unsatisfactory.
A revised offer was negotiated and the judge approved the settlement wishing the girl well in her future years.
Slips, trips and falls are some of the most common reasons for making a work injury claim in Ireland according to new figures published by the Injuries Board in Ireland to mark “World Day for Health and Safety at Work”.
The Injuries Board assessed €22,500,000 worth of work injury claims during 2011 in Ireland. Many of the injuries were sustained in the manufacturing and production sectors.
The figures releases show a fall from the total value of work injury claims made in 2010 but InjuriesBoard.ie chief executive Patricia Byron dismissed the idea that health and safety in the workplace had improved in Ireland, ‘While our figures point to a downward trend in the number of claims for workplace accidents the main driver for this is a contracting workforce rather than any notable advances in workplace health and safety programmes.’ She continued, ‘We understand that businesses today are under constant pressure to drive efficiencies, often operating with scarce resources, but cutting corners on employee safety is a cut too far. We are continually surprised by the volume of such foreseeable and preventable claims.’
There has been a 12 per cent increase in the value of Injuries Board Assessments in Ireland from 186 million in 2010 to 210 million in 2011 according to Injuries Board Ireland.
These statistics are only a reflection of the claims that have been assessed by the Injuries Board, compensation that was awarded by the High Court, where a settlement was negotiated or claims for medical negligence were not included.
The report shows that 35 per cent (9,834) of the claims received (27,669) were assessed and that the majority of injury claims were resolved through negotiations between the claimant’s solicitors and the insurance companies without the need of involvement from the Injuries Board.
The primary reason for an Injury Board Assessment was once again due to a road traffic accidents it accounted for 76.5 per cent of all assessment requests. Claims for work-related injuries fell from 11 per cent to 8.4 per cent with public liability claims (15.1 per cent) making up the remainder of the figure.
An RTE employee has been awarded €18,500 after falling while trying to open a curtain during a rehearsal for The Saturday Night Show.
The Circuit Court heard how Arthur McMullan (59) of Goatstown, Dublin was attempting to release the curtain from a mirror ball after it had begum tangled but he fell over a studio floor lamp and sustained an injury to his elbow.
Mr.McMullan claimed that RTE was aware of the fact that the curtain needed to be repaired and to support this claim he showed a video in court in which Brendan O’Connor had to hold back the curtains. Judge Jacqueline Linnane was also told by one of Mr.McMullan’s work colleagues that the curtains always presented a problem.
Since the accident Mr.McMullan has continued to experience pain in his left elbow. Taking all the evidence in to account the judge ruled in his favour.
A Dublin GP who allegedly over-prescribed psychoactive benzodiazepines is currently being investigate for medical negligence by the Medical Council.
Dr Mohammed Ahmed Khan who works in Wicklow Street, Dublin is being investigated for prescribing up to four times the recommended dosage of drugs such as Valium to patients suffering from anxiety and depression
Dr Khan is also being investigated for allegedly failing to enquire if any of the patients he prescribed drugs to was being treated by another doctor.
Doctors who practice in the Republic of Ireland are regulated by the Medical Council. A outlined by the Medical Practitioners Act 2007 its role is to safeguard the public’s health and ensure a better standard of training and conduct by all its registered medical practitioners.
A women has been awarded €25,000 in compensation by the Circuit Court after she was hit on the foot by a tin of paint in July 2009.
The accident occurred at the Homebase Store in Santry, Co.Dublin. Breeda Redican of Donabate, County Dublin wanted help in finding a specific paint type and although an assistant pointed it out to her, they failed to assist any further. The paint can weighed 2.5 litres and with no handle visible, the can slipped as Ms.Redican lifted it and she sustained an injury to her foot.
She has suffered ongoing mobility problems since and taking all factors into account Judge Jacquline Linnane ruled in her favour.
A six-year-old girl, has had an interim settlement worth €1.9 approved by the High Court. Isabelle Sheehan of Mallow, County Cork suffered her injury at birth due to the medical negligence of Dr. David Corr at the Secours Maternity Hospital, Cork.
Representing Isabelle was her mother Catherine who claimed that her daughter should have been referred to an expert in foetal medicine after complications arose during her pregnancy. Dr. Corr acknowledged his error and the High Court heard that a settlement had been reached by the two parties.
A Garda officer has been awarded €22,600 in the Circuit Court after he suffered a shoulder injury during baton training at the Mount Pleasant Tennis Club in Dublin on October 2008.
Mr Justice Matthew Deery heard that Detective Garda Darragh O´Toole (41) was taking part in a staged fight scenario when the injury occurred. He was pinned back against a wall by an instructor and dislocated his shoulder. As a result of the injury Mr.O’Toole was unable to work for 14 weeks.
As a result of legal advice Detective Garda O´Toole sought a claim for compensation against the instructor and the Minister for Justice as the injury led to long-term pain and also meant he was unable to play football for his GAA Club in Dublin.
The judge rejected evidence from the defence as it was a direct contradiction of the medical evidence and found in favour of the claimant.
Four hospital patients died between January 2004 and December 2010 after they were given medication for which it was known they an allergy according to the State Claim Agency. Studies conducted on behalf of the Agency and the Health Service Executive found that errors were occurring due the complexity of the system of administering the medicines.
Figures released show that in a seven year period 35,310 medication errors were recorded although in 95 per cent of cases this did not result in any harm to the patient. Despite the acknowledgement of more the 5,000 medical errors each year, it is claimed by patient lobby groups that such incidents are still under reported in Ireland.
However patient lobby groups claim that despite the acknowledgement of more than 5,000 medication errors each year, patient treatment incidents are under-reported in Ireland – a view shared by “Patient Focus”, who claim that the scale of the problem has not been accepted by the medical profession.