A volunteer New York firefighter, who sustained terrible injuries when his car was in collision with a Ford works vehicle, has been awarded 1.275 million dollars by a court in Oneida County after his legal team rejected an initial offer of car crash injuries compensation from Ford´s insurers. The jury at Oneida County Supreme Court heard how Paul Tully from Utica, New York, was driving past the NYE Ford facility in Oneida, New York, when a vehicle driven by Ford employee – Keith Chase – emerged from the manufacturing plant and crashed into him. Paul sustained terrible injuries to his head and spine in the accident and spent a significant time recovering in hospital. The jury also heard that since the accident in 2009, Paul has been unable to return to work and still requires full-time care to assist with his day-to-day activities. Liability for the accident was admitted by Keith Chase, who confessed to not looking left along Genesee Street as he pulled away from the Ford facility, and the jury was told that the case was before them for assessment of damages only after Paul´s legal advisors had rejected an offer of car crash injuries compensation amounting to 150,000 dollars. After due consideration, the jury at Oneida County Supreme Court awarded Paul 1.275 million dollars – comprising of 675,000 dollars for the pain and suffering he experienced at the time of the car crash, 400,000 dollars in relation to medical expenses Paul and his family had already incurred and were likely to incur in the future, and 200,000 for future pain, suffering and loss of amenity.

A woman who underwent a needless symphysiotomy operation without her knowledge or consent has been awarded 450,000 Euros in symphysiotomy medical negligence compensation in Dublin´s High Court. Olivia Kearney (60) of Castlebellingham, County Louth, was just eighteen years of age when she gave birth to her son at the Our Lady of Lourdes Hospital in Drogheda in 1969. While she was still anaesthetised following the Caesarean Section operation, Dr Gerard Connolly – the consultant obstetrician attending Olivia – performed a symphysiotomy procedure in which the cartilage between Olivia´s left and right pubic bones was cut to widen the pelvis. Unaware that the procedure had been performed, Olivia suffered with back pain, incontinence and depression without knowing the reason why for more than thirty years. In 2002, Olivia was listening to a radio program in which the presenter was relating the experiences of women who had undergone the symphysiotomy procedure and the symptoms described in the radio program matched those which Olivia had suffered from all her adult life. After obtaining her medical records and seeking legal advice, Olivia made a claim for symphysiotomy medical negligence compensation but, in 2006, Olivia´s claim was rejected by the High Court on the grounds that   “there would have to be expert evidence available on both sides to debate the appropriateness of the procedure carried out” and, as Dr Connolly had since died, the necessity for the symphysiotomy procedure could not be explained. Olivia revised her claim for symphysiotomy medical negligence compensation, claiming instead that there was no justification in any circumstances for a symphysiotomy procedure to be carried out immediately after a successful Caesarean Section delivery – meaning that an explanation of whether the procedure was required “at that time and in those circumstances” was no longer relevant. The Supreme Court agreed with her argument and gave Olivia leave to reintroduce her claim. At the High Court in Dublin, Mr Justice Sean Ryan heard that representatives of Our Lady of Lourdes Hospital could not produce evidence to explain why the unnecessary procedure was performed and, finding favour of Olivia, awarded her 450,000 Euros in symphysiotomy medical negligence compensation – stating that Olivia had suffered a lifetime of “pain, discomfort and embarrassment” due to the unnecessary symphysiotomy procedure.

According to details released by the State Claims Agency, it  has already paid out on fifth more in hospital compensation settlements during  the first eight months of the year compared with the calender year 2009. The State Claims Agency had already paid hospital compensation settlements of €59.9 million up to August 2010, compared to the 2009 total hospital compensation settlement payments of €48 million.  At the current progression,  the Agency will make compensation settlements of almost €90 million throughout 2010.  This is an increase of almost 50% on the previous year. Mary Harney, The Minister for Health, has revealed some measures to improve the safety of patients. Chief among these are draft healthcare standards formulated by the Health Information and Quality Authority (Hiqa), which has now begun a public consultation phase. The Health Minster said that about 10% of hospital admissions encountered an ‘adverse event’, and about 1% of the these events would result in injury or death.  Commenting on the adverse events, the Minister Harney stated “Many of them are systemic failings and many of them are avoidable”. However, as with the recent DePuy recall, it should also be noted out that though the rate of adverse events in HSE run hospitals is relatively high, the HSE is not always to blame.

A cattle drover is to receive damages in his injury claim for being kicked by a cow from his employer after the Supreme Court ruled that the employer had placed the injured employee at risk. Mr. Patrick Lynch (53), had been one of a team of three cattle drovers who were employed by Co-operative Mart in October 2003 to herd cattle from a pen in the mart yard to a dividing pen prior to their entering the sales ring. However, on the day that Mr. Lynch sustained his injuries, his two companions had absented themselves temporarily, and it was claimed in court that Mr. Lynch had to perform the two absent drovers’ tasks, as well as his own, which required him to enter the individual pens while they were occupied by animals. When Mr. Lynch was moving through the animal pen to open a gate, the court heard how a Limousin bullock delivered a direct kick to Mr. Lynch’s groin, causing significant trauma to the scrotum and giving rise to a haemorrhage which caused damage to his right testis. Mr. Lynch was subsequently taken to hospital for medical treatment. The court ruled that, although a safe procedure of work was in place when all three drovers were present, there was no system of supervision by the employer. As the improper absence of the other two drovers exposed Mr. Lynch to danger, Co-operative Mart was liable for his injuries. The action has now been referred to the High Court for the assessment of damages.

A boy, who suffered a traumatic brain injury due to playing high school football, has been awarded 4.4 million dollars in school sports injury compensation in an out-of-court negotiated settlement. Scott Eveland (22) from San Marcos, California, collapsed on the side of the pitch after playing the first half of a high school American football game for the Mission Hills High School Grizzlies in September 2007. He was rushed to hospital where doctors identified extensive internal bleeding around Scott´s brain and were only able to save his life by removing part of his skull. As a result of his injuries, Scott is unable to stand or walk and can only communicate through a specially designed keyboard. After taking legal advice from a personal injury attorney, Scott´s mother – Diane – made a claim for school sports injury compensation against the San Marcos Unified School District, alleging that the football team´s head coach had ignored signs that Scott was in distress prior to the game and refused Scott´s requests to sit out. Diane´s allegations were supported by a former teammate of Scott, who testified in a deposition that Scott had complained to the team´s athletic trainer about having headaches a week before the incident and had missed several practice sessions. The teammate also confirmed that Scott had asked to sit the game out a few minutes before the first quarter started, but his request was denied. The out of court school sports injury compensation settlement of 4.4 million dollars was made without admission of liability, and a joint statement  was issued in which both sides agreed “the settlement did not suggest that the staff of the Mission Hills High School intentionally contributed to the unfortunate and tragic accident that occurred during a high school football game”.

The latest annual report by the Injuries Board has revealed that the number of compensation claims in Ireland has increased for the fifth year running.   In 2011, the Injuries Board received 27,669 applications for assessment compared to 26,964 in 2010 – an increase of 3 per cent in line with the trend seen in recent years. Of those applications, 9,834 (35 per cent) received assessments, with the remainder of the compensation claims in Ireland being resolved by negotiation or declined for assessment. The total Compensation amounts in Ireland also appear to be increasing – with the total value of claims assessed by the Injuries Board rising to almost 210 million Euros. In 2011, compensation claims in Ireland for injury at work fell to just 8.4 per cent of the applications for assessment made to the Injuries Board, while public liability compensation claims in Ireland remained steady at 15.1 per cent and claims for injuries sustained in road traffic accidents increased to 76.5 per cent. The Injuries Board does not assess compensation claims for medical negligence or those in which liability is disputed.

A former miner, who was exposed to asbestos while working in Nottinghamshire collieries, is to receive 73,890 pounds (87,000 Euros) after his compensation for mesothelioma claim was resolved in London´s High Court. The personal injury settlement was made to Dennis Ball (92) from Beeston in Nottingham, after the court heard that the Department of Energy and Climate Change – the government department now responsible for managing the affairs of the National Coal Board – had admitted liability for Dennis´ illness and the asbestos related compensation claim was being presented for the assessment of damages. Mrs Justice Swift heard that Dennis had been a fiercely independent man prior to having been found struggling for air on the floor of his flat by his step-son in March 2010. Dennis had been moved into a care home, where he had been diagnosed as suffering from mesothelioma cancer, but such was his desire to live independently, Dennis was still paying the rent of his Beeston home. The judge also heard that Dennis´ illness had been contracted during an eighteen year period between 1967 and 1985 when he worked at the Sutton Colliery and the Moorgreen Colliery with no warning of the risks of working in an environment that contained asbestos, and without personal protective equipment to prevent exposure to the deadly fibres. Mrs Justice Swift awarded Dennis 73,890 pounds in respect of his compensation for mesothelioma claim; commenting that “Mr Ball’s age means that he does not have the distress of knowing that many years, even decades, of his life have been denied him. Importantly, however, the onset of illness forced him to leave his home and thus to lose his independence.”

An investigation carried out by the BBC´s Newsnight programme and the British Medical Journal has made DePuy Pinnacle injury claims similar to those which led to the DePuy ASR hip replacement recall of August 2010.   The investigation alleges that high levels of cobalt and chromium are entering the blood streams of patients who have had the DePuy Pinnacle hip replacement implanted, causing the hip replacements to fail as bone decay, tissue necrosis and inflammation make the metal-on-metal hip implant system unstable. The blood contamination, or “system toxicity”, is caused by debris produced by the friction within the ball and cup of the implant forming a mass around the hip implant or dispersing into the blood. Injuries that patients implanted with the Pinnacle hip replacement system have encountered include:- Inflammations, pains and rashes around the hip area Grinding, clicking or popping sounds coming from implant Pains in the thigh or groin – especially when bearing heavy loads Pains in the hip area when rising from a seated position The development of cysts anywhere around the body The DePuy Pinnacle injury claims made by the BBC and British Medical Journal are supported by evidence collected from UK hospitals and clinics in America, which shown chromium levels in the blood of up to 50 times the normal amount – a particular concern for women of child-bearing age who have received metal-on-metal hip implants, as high levels of metal ions had been found in umbilical cords and the placental blood of women who have given birth. The investigation did not stop with DePuy Pinnacle injury claims. All metal-on-metal hip replacement systems were identified as being potentially harmful, and the BBC/British Medical Journal report particularly condemned the UK medical regulator – The Medicines and Healthcare products Regulatory Agency (MHRA) – for allowing faulty hip replacements into the market without any form of clinical trials. It was alleged that data had been available since 2005 which should have alerted the MHRA to the potential dangers of metal-on-metal hip replacements, and that the MHRA had failed in its duty of care to 60,000 recipients of metal-on-metal hip implants as the agency responsible for ensuring that medical devices work and are acceptably safe. NOTE: If you, or anybody you know, have been the recipient of a metal-on-metal hip replacement system, the advice currently being issued by the Irish Medicines Board is to have an annual blood test and x-ray and, if high levels of chromium or cobalt are present in the blood, to have an MRI scan. Patients who wish to know more about DePuy Pinnacle injury claims for compensation should speak with a solicitor at the earliest possible opportunity.

The High Court in Birmingham, West Midlands, has heard how interim compensation payments have been paid to the family of a car crash victim to provide medical care while a final settlement for their car crash claim was being negotiated. Judge Martin McKenna was approving a compensation settlement for Cerys Edwards (6) from Sutton Coldfield, West Midlands, who suffered catastrophic brain damage when her family´s car was on a head-on collision with a driver travelling at 70mph on a road with a 30mph speed limit. Cerys, who was just eleven months old when the accident occurred in November 2006, cannot now breathe without a ventilator, has undergone a dozen operations and requires around-the-clock care. The negligent driver was jailed in 2008 for causing the accident, at which point negotiations started between the Edwards´ legal representatives and the negligent driver´s insurers to finalise a suitable and appropriate car crash claim settlement that would provide care for Cerys for the rest of her life. While negotiations were ongoing, the Mitsui Sumitomo Insurance Group paid over 4 million pounds in interim compensation payments to help support the Edwards family and little Cerys. The judge heard that a final settlement in respect of the Edwards´ car crash claim had been agreed, with the family receiving a lump sum payment of almost 5 million pounds (less the amount received in interim compensation payments) with annual payments of 4450,000 pounds providing care for Cerys as long as she lives. Approving the settlement, Judge Martin McKenna said that it was “one of the saddest cases he had ever come across”.

A man in Hong Kong, who suffered substantial head injuries when his friend lost control of a model helicopter, has been awarded HK 8.8 million dollars (850,000 Euros) following a helicopter injury claim for compensation. The High Court in Hong Kong heard that Law Kwok-Wah (48) had been watching his friend, Chan Man-Kin, fly the 6 kilogram helicopter at speeds of up to 90Km/hour at the Hong Kong Science Park in January 2008, when Chan lost control of the toy and it fell to the ground. One of the 1.5 metre helicopter blades struck Law on the head and sliced away part of his skull. Law was immediately taken to hospital and underwent emergency brain surgery to save his life. Although Law made a significant recovery, he is now semi-paralysed and confined to a wheelchair. Law made a personal injury claim against his friend, claiming that it was necessary as his family could not live solely on his wife´s income and, in the High Court of Hong Kong, three judges found in Law´s favour after Chan admitted being distracted while in charge of a model helicopter. The judges awarded Law HK 8.8 million dollars in respect of his helicopter injury claim to account for the pain and suffering he had experienced, his loss of amenity and both present and future lost income.

The family of a man who died from mesothelioma cancer after working in his local shipyards for 37 years have won their claim for fatal exposure to asbestos in a court in Virginia. The widow of John Bristow and his two sons brought the claim for fatal exposure to asbestos against John Crane Inc. of Morton Grove, Illinois, after John died from mesothelioma cancer in 2011 aged 68. John had worked nearly all his life in the shipyards of Newport News – his home town and a major shipbuilding centre – with his greatest exposure to asbestos estimated as being during the 1960s and 1970s when he worked for John Crane Inc, manufacturing gaskets which were widely used in steam and exhaust systems, and which contained asbestos. John´s widow, Anne, and his two sons alleged in their mesothelioma injury compensation claim that John Crane Inc were fully aware of the risks posed by working with asbestos, but chose not to inform their employees or provide them with any form of personal protective equipment. The defendant´s legal representatives denied the claims, saying that any one of a number of companies on the Newport News shipyards could have been releasing the asbestos fibres into the air which were inhaled by John and his colleagues. However, after a three week trial and two day period of deliberation, a jury found in favour of John´s family and their claim for fatal exposure to asbestos. The seven-member jury awarded the family a total of 7.19 million dollars in consideration of the pain and suffering John and Anne had experienced during his final days, to compensate the two sons for the loss of a father and to account for the medical and funeral expenses incurred by the family.

A nurse, who sustained back and nerve injuries after being left alone to care for fifty residents of an Australian nursing home, has been awarded AU 500,000 dollars in nursing home injury compensation by the Supreme Court in Victoria. Margaret Pozzobon (58) from Nanawading in Melbourne sustained the injuries in February 2006 when she was the only member of staff rostered to work a night shift at the Wantirna Aged Care Facility. Among those left in her care was a resident diagnosed with bipolar disorder who would strip his bed, lie on the floor and have to be picked up and returned to his bed six times a night. The resident, although classified as needing high grade care had been placed in a low grade care facility due to a lack of beds and, while in the course of lifting him back into bed, Margaret sustained a serious injury to her cervical spine which required surgery, nerve blocks and ongoing spinal injections. Due to her injury, Margaret was unable to continue working at the nursing home and has been unable to find work since because of her disability. After seeking legal advice, Margaret made a spinal injury compensation claim against the nursing home, alleging that her injury could have been prevented had the resident suffering from bipolar disorder been managed in the appropriate facility. The nursing home contested her claim but, after an eight day trial at the Supreme Court in Victoria, a jury found in Margaret´s favour and awarded her AU 500,000 dollars in nursing home injury compensation.

A woman who was walking home from the shops when she was struck by a lorry trying to avoid impact with cars that had already crashed on a busy dual carriageway has had her brain damage injury compensation settlement approved at London´s High Court.  Devbai Patel (60) from Neasden, London, was returning home from a visit to the shops when the accident occurred in January 2008. The lorry mounted the pavement alongside the North Circular Road and hit Devbai before crashing into a wall. The driver of the lorry was killed instantly, and Devbai was air-lifted to hospital with multiple fractures and a traumatic brain injury. Devbai underwent emergency surgery and remained in intensive care for two weeks. She had to undergo months of rehabilitation before being discharged from hospital, and is now cared for at home by her husband and children. After seeking legal advice, Devbai´s family made a pedestrian accident claim for brain damage injury compensation and, at London´s High Court, Mrs Justice Cox heard that an agreement had been reached between the family and the insurance company of the driver responsible for causing the multiple vehicle accident. The settlement of brain damage injury compensation will see Devbai receiving an immediate lump sum payment of 750,000 pounds, with annual index-linked and tax-free payments of 25,000 being made to the family to provide her with the ongoing care she needs. Mrs Justice Cox approved the settlement and wished the family well for the future.

The family of a man who died in hospital of septic shock, due to the failure of the hospital to act in a reasonable time frame, has had their settlement of delayed treatment compensation approved in the High Court. Barry Murphy (38) from Carrigaline, County Cork, was admitted to the South Infirmary–Victoria University Hospital in Cork complaining of abdominal pains on the morning of April 24th 2008. Barry was known to suffer from Crohn´s Disease, but was generally in good health and held a full-time job as a financial controller. After a medical examination, Barry was diagnosed with a perforated bowel but due to “an unjustifiable delay” was not operated on until much later in the evening. By this time, Barry´s condition had deteriorated due to septic shock and he was pronounced dead at 11.15pm the same evening. Barry´s distraught widow, Mary, made a claim for wrongful death compensation due to the delay in treatment, but for three years the South Infirmary–Victoria University Hospital denied liability – stating that that they had made no error in Barry´s treatment. During this period Mary sustained severe emotional damage and was diagnosed as suffering from Post Traumatic Stress Disorder. Mary persisted with her claims that the hospital failed to properly care for her husband, failed to operate on him on time and allowed him to die, and eventually the South Infirmary–Victoria University Hospital acknowledged that “the level of care provided fell short of an acceptable standard” and made an offer of 500,000 Euros in delayed treatment compensation. Approving the settlement in Dublin´s High Court, Mr Justice John Quirke expressed his sympathy to Mary and her two daughters, commenting that Barry´s death had been “unthinkable” and was “a tragic loss”, adding that he wished he could do more to help the family.

A woman, who was starved of oxygen due to a surgical error during a routine operation when she was an infant, has had her compensation for cerebral palsy injury claim approved in court. Stacey Jayne Smith (24) was just a baby when she was admitted to Nottingham City Hospital in 1988 with feeding problems and a high temperature. Doctors suspected that Stacey Jayne was suffering from gall stones and scheduled surgery to remove her gall bladder. However, during the operation, Stacey Jayne went into cardiac arrest after her bowel was accidently punctured and, due to her heart stopping temporarily, Stacey Jayne suffered brain damage and was left with cerebral palsy. Mr Justice Tugendhat at the High Court in London heard that Stacey Jayne grew up with learning difficulties and unable to walk any distance – all the while her parents unaware that they were entitled to make a cerebral palsy injury claim for compensation.  In 2008, Stacey Jayne´s parents made enquiries about making a cerebral palsy injury claim for compensation on their daughter´s behalf, and an investigation was launched by the East Midlands Strategic Health Authority. After agreeing 70 per cent liability for Stacey Jayne´s injuries, an undisclosed settlement was agreed between Stacey Jayne´s parents and the Health Authority which was approved by Mr Justice Tugendhat in the High Court. The judge added” I do express my sympathy to Stacey’s family and wish them all the best for the future. Stacey has been very fortunate in the support her family has given her, so lovingly, for so long.”

A woman whose arm was broken when a hit and run driver reversed over her and then fled the scene of the accident has been awarded 79,000 Euros in compensation for accident with untraced driver at Dublin´s High Court. Mr Justice Iarfhlaith O’Neill heard how Siofra O´Loughlin (24) from Rolestown in Dublin had been with friends at Dollymount beach in July 2006, when she slipped and fell face forwards while playing with a ball. According to Siofra´s testimony and that of her friends, as Siofra lay on the floor, a car reversed over her – fracturing her upper arm bone and causing significant abrasions to her back. According to her testimony, the driver of the car stopped a short distance away, looked back at the scene and returned to his car before driving away. The driver was never traced, and Siofra made a personal injury claim for compensation for accident with untraced driver against the Motor Insurers´ Bureau of Ireland – the organisation established to deal with compensation claims when a liable driver cannot be traced or is uninsured. The claim for compensation claim for accident with untraced driver had come to the High Court as the Motor Insurers´ Bureau of Ireland disputed the events of the accident – claiming that Siofra had given a different version of the accident to the Garda officer who first arrived at the scene. However Mr Justice Iarfhlaith O’Neill dismissed their allegations in making his award of 79,000 Euros, stating that he believed Siofra´s account of how her injuries were sustained.

A props assistant at RTE´s Donnybrook Studios has won a claim for elbow injury compensation after a YouTube video clip was used in evidence at the Circuit Civil Court. Arthur McMullan (59) from Goatstown in Dublin worked at the RTE Studios as a props assistant when his accident occurred in February 2010. A stage curtain had got caught on a mirror ball and, while Arthur was attempting to unsnag the curtain, he tripped over a studio floor light, injuring his elbow in the process. The video clip which was shown to Judge Jacqueline Linnane at the Circuit Civil Court showed Saturday Night Show host, Brendan O´Connor holding back the same curtain during a musical performance on the show and advising the producers that “I did warn you about this curtain”. Arthur´s personal injury claim was also supported by a work colleague who testified that the curtains had been an ongoing hazard for a number of years. After hearing from Arthur´s legal counsel that Arthur still experienced pain from the injury two years after the event Judge Jacqueline Linnane awarded Arthur 18,500 Euros in respect of his claim for elbow injury compensation against his employers, RTE.

The Finnish Government has started paying compensation for adverse reactions to the recipients of the swine flu vaccine Pandemrix who subsequently developed the sleeping disorder narcolepsy. The decision to compensate the families of children who contracted the condition was made after the National Institute for Health and Welfare produced a report in February 2011 concluding that an association existed between the vaccine against H1N1 swine flu and the diagnosis of narcolepsy in at least 50 children within an eight month period. To date, 92 people have made medical negligence claims for compensation from the 30 million Euro pool established by Finnish Medical Insurance but, as narcolepsy can be a lifelong condition which is passed on genetically to future generations, Kari Valimaki – the Finnish Permanent Secretary at the Ministry of Social Affairs and Health – has stated that the fund to provide compensation for adverse reactions is unlikely to be insufficient, and that the State will have to step in when the pool is exhausted. The official reaction in Ireland – where 779 adverse reactions to Pandemrix were reported to the Irish Medicines Board between January 2010 and December 2011 – has been to wait until more research is concluded on the connection between the drug Pandemrix and narcolepsy. Health Minister, Dr James Reilly, responding to a question in the Dáil from Sinn Féin’s Caoimhghín Ó Caoláin, stated that “no link has been established yet between the swine flu vaccine and narcolepsy, but the Government will endeavour to ensure all families [of children diagnosed with narcolepsy] get the medical and social supports they need”. More than 250,000 children in Ireland received the Pandemrix H1N1 swine flu vaccine before it was withdrawn from use on advice from the European Medicine Agency (EMA). The EMA´s own study of adverse reactions to Pandemrix in 2011 concluded that a child who had been vaccinated with Pandemrix had a six-to-thirteen fold increased risk of narcolepsy compared with children who did not receive the vaccine.

The recall of the Tassimo coffee making machine in North America is anticipated to lead to a significant rise in compensation for coffee machine burns claims. The recall was initiated by the manufacturer – BSH Home Appliances Corporation of Irvine, California – after the American Consumer Product Safety Commission investigated more than 160 claims of coffee machine burns that had been reported to them. It was discovered that the Tassimo coffee machine had a design fault which led to a risk of the T-discs – the small plastic coffee containers which were placed into the machines – showering bystanders with scalding water and hot coffee granules when they exploded. Among the worst claims for injuries were thirty-seven confirmed cases where the victim had suffered second-degree burns from the Tassimo coffee making machine, including a two-year-old girl from Canada who required hospitalisation after receiving severe burns to her face and neck. Despite claims for coffee machine burn compensation being a product liability issue, applications for assessment to the Injuries Board in this instance are likely to be declined, as the liability is held by an overseas company. Therefore those wishing to claim compensation for coffee machine burns should speak with a personal injury solicitor at the earliest opportunity.

Claims for watermelon salmonella compensation are likely following reports of the Newport Salmonella strain being found in pre-packed watermelons believed to have been imported from Brazil. The Food Safety Authority of Ireland are investigating four potential cases of watermelon salmonella food poisoning after the UK´s Health Protection Agency announced that at least one person had died after contracting food poisoning from an infected melon, while other cases of watermelon salmonella sickness had been reported throughout the UK and in Germany. It is believed that the salmonella bacteria could have been introduced into the watermelons during the preparation process if the fruit was washed in dirty water or a contaminated knife used to cut them. Typical symptoms of watermelon salmonella food poisoning include vomiting, fatigue, fever and diarrhoea, and people suffering these symptoms are advised to seek medical treatment immediately. Liability for watermelon salmonella compensation claims is likely lie with shops, kiosks and cafes who sell pre-packed watermelon slices, as many of the major supermarket chains have already announced that their stocks have been checked for contamination and been passed as fit for human consumption. Once victims of watermelon salmonella food poisoning have been treated for their illnesses, it is advisable to speak with a compensation solicitor to determine that they have a claim for watermelon salmonella compensation.

A twelve year old girl, who tripped and fell into a hole dug by a construction company, has had a child scarring injury compensation settlement of 20,000 Euros approved in Dublin´s Circuit Civil Court. Kodie Geoghegan Dowdall was just seven years of age when, on the way to visit her aunt in Ballymun, Dublin in December 2006, she tripped and fell into a hole dug by SIAC Construction of Clondalkin, Dublin. Her accident left her with a scar injury which has since failed to heal. Making a pedestrian accident claim through her mother, Kodie claimed that her accident and injury was attributable to the negligence of SIAC construction – a claim which the company denied. However, Mr Justice Matthew Deery heard at the Circuit Civil Court that SIAC Construction were willing to offer 20,000 Euros on child scarring injury compensation without admission of liability. After hearing evidence that 20,000 Euros was sufficient to treat the scar with excision and resuturing when Kodie reaches the age of eighteen, Mr Justice Matthew Deery approved the settlement of child scarring injury compensation.

A pensioner from Dublin has been awarded psychological injury compensation for poor workmanship after builders made a catalogue of errors during renovations to her utility room. Mr Justice Matthew Deery at the Circuit Civil Court heard how Kathleen O’Leary (84), from Walkinstown in Dublin had contracted Cranlowe Ltd – building company with an address in Terenure, Dublin – to replace a utility room in her home to bring it up to date and provide additional security. However, shortly after Kathleen had paid the company 23,000 Euros for the work, the utility room flooded causing the electricity to short circuit due to the power supply not being earthed. Further investigations revealed that defective underground piping allowed waste water to leak directly into the soil below her home, no ventilation had been accounted for under the floor of the utility room and none of the walls had been insulated. A further seventeen examples of professional negligence were presented at the hearing, and the court heard that when Kathleen confronted Cranlowe Ltd with a list of the errors, the owner of the company had been abusive to her and made no attempt to remedy the problems. Judgement against the builders was awarded last year when no defence was offered, and Mr Justice Matthew Deery was told that the case was before him for assessment of damages. He awarded Kathleen 14,192 Euros in respect of what it would cost to correct the faults left behind by Cranlowe Ltd, with a further 3,500 Euros in psychological injury compensation for poor workmanship to account for the emotional stress she had experienced due to Cranlowe Ltd´s lack of care.

Costa Crociere SpA – the Italian arm of Carnival Cruises, and the company responsible for the stricken Costa Concordia cruise liner – has made an offer of trauma compensation for ship sinking to all the passengers of the Costa Concordia who were rescued from the ship without suffering physical injury. The 11,000 Euros offer of trauma compensation for ship sinking follows negotiation between the company and Italian consumer groups estimated to represent more than 3,000 passengers rescued from the ship after it hit a reef and capsized off the Italian island of Giglio on January 13 2012. The basic settlement compensates passengers for any psychological damage they have sustained and for the loss of personal effects. In addition, passengers will have the cost of their cruise refunded and any costs that were incurred in transportation home. Passengers who accept the trauma compensation for ship sinking offer will have to agree to drop all future legal claims against Costa Cruises and their associated companies and, in return, will receive their compensation within seven days. Children rescued uninjured from the Costa Concordia are also eligible for the compensation offer. Although passengers who sustained a physical injury will be dealt with individually, one consumer group is already suggesting that passengers decline the offer of trauma compensation for ship sinking. Their recommendations are to obtain a medical opinion to determine whether passengers have actually sustained a psychological trauma and, if so, seek professional legal advice from a compensation solicitor.

A teenage girl, who tripped on a faultily repaired step outside her home, has accepted an offer of a settlement for trip injury from Dublin City Council amounting to 32,300 Euros. Sarah O’Mahony (18) was just nine years old when the accident happened in October 2002 outside of her residence in Dublin. Walking up the concrete steps near to her home, Sarah tripped on a poorly repaired stair and fell – hitting her central incisors on a higher step and forcing the teeth back into her gum. At the Dublin Circuit Civil Court, Circuit Court President Mr Justice Matthew Deery heard that Sarah’s original claim for trip injury compensation had been adjourned in 2006 because of a need to obtain further dental reports; however now the Injuries Board Ireland had assessed her claim at 32,300 Euros and Dublin City Council was in agreement with the figure. Mr Justice Matthew Deery heard from Sarah’s legal representative that she was also prepared to accept the assessment of trip injury compensation, and the judge agreed that it was in her best interests to accept the offer.

The family of a man, who was tragically crushed to death between two diggers in a workplace accident, is to receive 550,000 Euros compensation from the man´s former employers following a wrongful death at work claim. Ronan Conway (27) died after leaving the cab of his vehicle to look at something in the ground in front of where he was working. Sadly he had failed to lock the safety lever on the digger before leaving the vehicle and was crushed between his digger and another working on the site. Following an investigation into the fatal accident of November 2008, Ronan’s fiancée of eight years Anne Marie Morgan (30) of Kilcullen, County Wicklow, claimed wrongful death at work compensation from Ronan’s former employers – OB Hire and Sales Limited – alleging that they were responsible for Ronan’s fatal accident due to permitting him to work in a yard which had “little or no lighting”. OB Hire and Sales Limited denied the allegations – claiming that Ronan had not followed the training he had been given in the operation of the digger and that it was his own negligence which led to his fatal accident. However, at Dublin High Court, Mr Justice John Quirke heard that the company had made an offer to settle the claim for wrongful death at work compensation which the family were willing to accept. The final amount of compensation had been reduced to account for Ronan’s contributory negligence and was to be divided between the claimant, Ronan’s parents and siblings, and the children both Ronan and Ms Morgan had from their previous relationships.

An injury claim for four children injured in a car accident, when the vehicle driven by their mother was in collision with a Garda patrol car, have been awarded a total of 26,000 Euros in personal injury damages. Dean McEvoy (15) and his three sisters, Lauren (13), Cody (11) and Megan (10), were travelling with their mother – Lorraine McEvoy of Crumlin, Dublin – when the incident occurred on the Tallaght bypass in November 2005. Circuit Civil Court President, Mr Justice Matthew Deery, heard that the Garda squad car that struck the McEvoy car was being driven “at some degree of urgency”, but without its siren or warning lights on.  Lorraine McEvoy and her four children all experienced soft tissue injuries as a result of the impact. Mr Justice Matthew Deery was also told that the State had accepted liability for the accident only after a lengthy dispute was settled in the High Court and he was asked to approve agreed settlements of 6,000 Euros for Megan and Lauren, 6,500 Euros for Dean and 7,500 Euros for Cody who had been the worse injured of the child passengers in car accident.

A woman, who sustained shoulder and hip injuries when slipping on the access bridge to a shopping centre, has secured an award in an injury claim for slipping on a wet floor in a shopping centre against the owners of the site. Gweneth Bowler was visiting the Highcross Shopping Centre in Leicester with her daughter when the incident happened in January 2011. The 64-year old grandmother was crossing a covered walkway which connects the shopping centre car park with the stores, when she slipped on a wet floor and fractured her rights shoulder and hip in the fall. While recovering from her injuries, Gweneth wrote to the City Council about the hazard, prompting the council to initiate a health and safety inspection. The inspection showed several areas where the owners of the shopping centre – Hammerson PLC – were failing in their health and safety obligations including a lack of cleaning to prevent the floor surface of the walkway from becoming slippery in bad weather. After seeking legal advice, Gweneth filed a claim for slips, trips and falls compensationagainst Hammerson PLC and, with negligence by the owners already established, the claim was quickly resolved for an undisclosed sum.

A woman has been awarded €25,000 in compensation for injury from falling object in a shop in the Circuit Civil Court. Breeda Redican of Donabate, County Dublin, was injured in July 2009 when a tin of paint fell on her foot fromits at the Homebase store in Santry, County Dublin. The accident occured when Redican requested help finding a specific type of paint from a sales assistant. The assistant pointed out the location of the paint on a shelf at face level height but just stood beside Redican while she attempted to left the can of paint.  The tin of paint was 2.5 litres and handle on the tin was not visible because the tins were closed packed together. Redican was unable to heavy paint tin and it slipped and landed on her right foot.  Redican was wearing flip-flops and required stitching on her toes. She has suffered ongoing reduced mobility in her foot with some pain. Homebase denied any negligence but Judge Jacquline Linnane awarded €25,000 compensation to Ms Redican.

The parents of a young woman who died after her doctor failed to recognise the symptoms of deep vein thrombosis have agreed to a 125,000 Euros settlement in their doctor negligence litigation claim. Ray and Angela Hennessy of Douglas, County Cork, took the action against Dr Hassan Al Bayyari of Castlenock, Dublin, following the death of their daughter Julie in March 2007. It was alleged in the case against Dr Bayyari that Julie had twice visited him in earlier in the month to complain of pains in her leg which she believed were due to a skiing accident four weeks previously. Despite Julie bringing up the possibility of deep vein thrombosis, Dr Bayyari failed to prescribe any medication for the Hennessy’s daughter or refer her to the hospital for further tests. Two days after Julie’s second visit to Dr Bayyari’s clinic she was dead in her home in Blanchardstown. A post-mortem into Julie’s death revealed that Julie had died from deep vein thrombosis/pulmonary embolism, exacerbated by the oral contraceptive prescribed for her by Dr Bayyari. After taking legal advice, the Hennessy’s took a doctor negligence litigation claim against Dr Bayyari which was due to be heard in the High Court. However, shortly before the hearing was due to commence, Mr Justice John Quirke was told that the two parties had agreed to the out-of-court settlement and that the matter was now resolved.

A teenage girl, who sustained an Erb’s Palsy injury due to an alleged breach in the duty of care at her birth, has had an Erb’s Palsy birth injury claim  settled for 850,000 Euros in the High Court. Sarah O’Sullivan (14) from Blarney, County Cork, suffered a shoulder injury during her birth at Cork City General Hospital in 1997 which resulted in her being diagnosed with right-sided Erb’s Palsy as she grew older. Claiming that the management of her birth was mishandled and that the injury could have been prevented with due diligence, Sarah sued the hospital and consultant obstetrician Dr. Patrick Kieran through her father, Kevin. Both Cork City General Hospital and Dr. Kieran denied the claims made against them, but the High Court heard that they had agreed to a Erb’s Palsy birth injury claim settlement of 850,000 Euros without admission of liability.

A former Ryanair baggage handler has been awarded €45,000 compensation in a work back injury claim.  Damian Warcaba of Malahide, County Dublin, was injured in an accident at Dublin Airport on July 17th, 2007, while moving aircraft stairs unassisted.  Mr Warcaba was taken to to Beaumont Hospital and was out of work for two months. The standard operating procedure needs two people to manoeuvre aircraft stairs manually for about three metres to rest against an aircraft. Ryanair contested the case, saying that it provided standard training to employees and regretted that the standard operating procedures where not adhered to at the time. Ryanair pointed out that Mr Warcarba had breached the standard operating procedures and was in this case solely responsible for his work back injury. Mr Justice Peter Charleton ruled in the High Court that Ryanair did not provide sufficient workers to ensure that the correct operating procedures were followed.

A pensioner, who broke his leg in three places when falling into a hole at his local park, has been awarded 160,000 pounds in settlement in his leg amputation litigation against his local council after the injuries resulted in the amputation of his leg. Edward Tuffrey (67), a former window cleaner from Barnes, Middlesex, was walking his dog in the Suffolk Road Recreational Ground in May 2006 when his foot plunged into a ten-inch hole in the ground. Despite the insertion of a metal plate and nine screws, the leg did not heal and after the metal plate snapped in 2008, an infection developed in the leg which resulted in its amputation. Edward made a personal injury claim against Richmond Council on the basis that he and other local residents had complained to the council about the state of the recreational ground for several years without anything being done. Richmond Council were found negligent and to blame for Edward´s injuries by the Mayor and City of London Court in October 2010 but given leave to appeal. Shortly before the appeal case was due to be heard in December 2011, the council and Edward´s legal representatives arrived at a negotiated settlement which will see the council pay Edward €194,000 pounds for his injuries.

A seven year old boy, who was born with spastic cerebral palsy due to the negligence of nursing staff prior to his delivery, has had a partial settlement of more than one million Euros approved in the High Court in his birth injury negligence lawsuit. Shane Kenny of Ballyduff, County Waterford, sued the Health Service Executive through his mother Catherine, due to alleged negligence in the time leading up to his birth at the Erinville Hospital, County Cork, on November 2nd 2004. In the birth injury negligence lawsuit, Mr Justice John Quirke at the High Court heard that there had been a failure to act on the results of a cardiotocogragh trace (CTG) which showed that the boy´s foetal heart rate was abnormal. Due to this oversight, Shane was delivered using forceps, which resulted in a partial hypoxic event. The court was told that, although Shane is able to attend mainstream education, he is not expected to sit State exams and will never be capable of independent living. Liability for Shane’s birth negligence injury was admitted by the Health Service Executive, and an interim settlement award of 1,004,000 Euros had been agreed between the parties to cover past costs and expenses, and to provide care and education for Shane for the next two years. While approving the birth negligence settlement, Mr Justice John Quirke stated that he hoped legislation would be introduced within the next two years to facilitate periodic payments to those who had suffered catastrophic injury. The birth negligence settlement does not account for Shane’s future loss of earnings, which will be decided upon in a hearing to be scheduled next year.

A man, who suffered catastrophic brain injuries when his motorbike was in collision with a car, has had an undisclosed settlement of his motorbike accident brain injury claim approved in London’s Royal Court of Justice. David Buchan (28) of Watford, Hertfordshire, sustained the injuries in February 2005 after his bike collided with a car driven by Mark Whiting of Hatfield, Hertfordshire, and following a long period in intensive care had titanium plates inserted into his head. Since his accident, David suffers from depression, has impaired senses of smell and taste and has suffered a slight loss of sight. Although he has learned to walk again, he can only manage short distances with the aid of a walking stick and it is unlikely that he will ever be able to work again. Mr Justice Langstaff at the Royal Courts of Justice heard that settlement of David´s motorbike accident claim had taken so long because of a disagreement over liability and, although the undisclosed compensation settlement was believed to be substantial, represented just one-third liability on behalf of the defendant. Approving the settlement, the judge paid tribute to David’s mother – Ann – and the remarkable levels of care and support she had given her son during his recovery.

A man who was discharged from hospital with a broken neck, after he was assured by his doctor that he was “fine”, has won his an undiagnosed broken neck settlement and been awarded €5.4m compensation by a jury at the Federal District Court in Cheyenne, Wyoming. Louis Prager was a healthy husband, father and grandfather who was employed as an oil field worker near his home in Campbell County, Wyoming. On December 9 2008, Louis was taken to Campbell County Memorial Hospital after being involved in a rollover accident in his car. Immobilised and wearing a neck brace, Louis was seen to by Dr. Brian Cullison in the Accident and Emergency Department, who organised a CT scan and for x-rays to be taken of Louis´ head and back. Dr Cullison released Louis the same day – without conducting a physical examination, despite his patient complaining on neck pain, and minus the neck brace – but four days later, Louis returned to the Accident and Emergency Department of Campbell County Memorial Hospital having lost the use of his left arm and shoulder. He was diagnosed with multiple cervical spine fractures which had resulted C5 nerve root injuries and underwent emergency neck fusion surgery. Despite several further surgeries to ease the pain and implant a spinal cord stimulator, the condition became permanent and, after taking legal advice, Luis sued Dr Cullison and the Campbell County Memorial Hospital for doctor negligence. At the trial, the jury was told the hospital and Dr Cullison both deny the allegations of doctor negligence – with the doctor claiming that he had performed a physical examination and it was not usual practice for the victim of a rollover car accident to have neck x-rays. However, a medical expert stated that had the doctor examined Louis’ neck, he could not have failed to miss the injury. After deliberating in private, the jury ruled in favour of Louis, and awarded him €5.4m for the pain and suffering he had experienced due to the doctor’s negligence, his loss of amenity and loss of income as he is no longer able to work. The jury also awarded Louis’ wife, Rebecca, a further €1.5m for loss of consortium – the overall figure setting a new record for the highest doctor negligence claim settlement in the State of Wyoming.

A woman, who claimed her dental treatment had been negligent and resulted in years of pain and suffering, has won her claim and been awarded 255,000 Euros in a high court payment for negligence by a dentist. Esther Hammond (61) of Rathcoole, County Dublin, made her dental negligence claim against registered dental surgeon Brendan Bastible of Greenhills, Dublin, from whom she had first been treated in May 1991 for a loose crown that had been fitted by another dentist. Mr Bastible had treated the woman for the loose crown, filled several cavities in other teeth and treated her for the gum disease periodontitis. However, it was when Mr Bastible applied braces to her upper jaw in November 1991, and lower jaw in 1993, that Esther’s issues began. Mr Justice John Quirke at the High Court heard that the wires which held the braces together regularly snapped, causing lacerations within Esther’s mouth which resulted in significant pain and affected her day to day life. Esther also said that her dental problems also affected her relationship with her family and led to psychological problems, which still persist today. Expert witnesses testified in court that the fitting of the braces was inappropriate at the time and Esther’s legal representatives advised the judge that Mr Bastible was not qualified to perform orthodontic treatment of this nature. It was also confirmed by a medical expert that it would take five more years of dental treatment until the physical damage done by Mr Bastible would be a thing of the past. In making his judgement, Mr Justice John Quirke stated that he was satisfied that the treatment Esther was given was indeed negligent and that it fell below the standards required of a practicing dental surgeon. He awarded Esther 170,000 Euros in general damages, 50,000 Euros to take into account future pain and suffering while undergoing remedial treatment and 35,000 Euros to compensate for past and future special damages – a total of 255,000 Euros.

A six year old girl, who a birth injury has seen her cerebral palsy litigation claim result in an interim settlement of £1.6m. Isabelle Sheehan was born suffering from severe spastic quadriplegic cerebral palsy. The girl sustained her birth injury due to the acknowledged negligence of Dr David Corr, who was practising privately from Bon Secours Maternity Hospital, Cork, at the time of Isabelle’s birth in November 2004. Ms Sheehan claim was made by her mother Catherine, who alleged that Dr Corr should have referred her to an expert in foetal medicine when complications started during her pregnancy. Doctor Corr stated that he had made a mistake and Mr Justice Iarfhlaith O’Neill heard at the High Court that an interim settlement of £1.6m had been agreed by the parties. The settlement will cover general damages and loss of future earnings for Isabelle, and is to pay for the care provided already for the child and future care until October 2013. By that date, it is hoped that a system of periodic payments will be introduced for persons with life-changing injuries. Mr Justice Iarfhlaith O’Neill stated, however that if the necessary legislation was not enacted by that time, a lump sum payment must be provided.

The family of Zoila Tellez, who was killed in a tragic railway accident, have had a negotiated settlement in excess of €27.5m for railway death claim for compensation approved by an Illinois County District Court judge. Zoila (44) of Chicago, Illinois, was travelling in a vehicle with her husband Jose and pregnant daughter Adriana in June 2009, when the family pulled up to red lights at a level crossing just outside of the city. The train that was scheduled to pass was a Canadian National Railways goods vehicle, which consisted of 114 freight wagons – 76 of which were tankers filled with liquid ethanol. Due to torrential rain, a nearby retention pond had overflowed, washing away some of the ballast beneath the track and, as the Illinois Court heard, leaving the rails “hanging in the air”. The oncoming train, ignorant of the hazard ahead, derailed shortly before the level crossing at which the Tellez family had pulled up, causing several of the ethanol tankers to explode and setting the Tellez car alight. Jose and Adriana Tellez managed to escape from the accident with severe burns – Adriana miscarrying her baby soon after – while Zoila Tellez was unable to get out of the vehicle and burned to death. In two separate legal actions following the tragedy, it was revealed that the County Sheriff´s Office had previously alerted the Canadian National Railways communication centre in Montreal about the potential hazard, but the employee who received the warning had not been trained about how to respond to the alert, and the message was never transmitted to the train driver. Lawyers for the family also found that a weather alert had been sent to the company´s Edmonton office two hours before the tragedy, but the employee there had not read the full message as so many alerts were being delivered that evening. Canadian National Railways admitted that had the messages been dealt with in a prompt and efficient regard, an engineer would have inspected the track before allowing the train to proceed and would have therefore prevented the accident. Acknowledging that the death of Zoila Tellez and the injuries to her husband and daughter were due to neglect, insurers negotiated an award which sees Jose Tellez receive €17.2, while Adriana had a separate settlement of €10.5m approved by the judge.

A dock worker, who sustained a brain injury when hit by a defective mooring cable, has won his brain damage at work injury claim. Cody Karl of League City, Texas, was employed at the Magellan Terminal located on the Houston Ship Channel when, on 1st June 2008, he formed part of a team assigned to dock a 600 foot tanker. Cody was on board a docking skiff when one of the cables used to moor the ship parted and hit him on the head. Despite wearing a hard hat, Cody was diagnosed with brain injuries which resulted in cognitive dysfunction and a loss of physical strength along the left side of his body. After seeking legal counsel, Cody made an injuries at work claim against the Magellan Terminal, claiming that the mooring cable was in an unsafe condition for the tension it had to withstand. Cody’s employers argued the claim, stating that Cody himself should have seen that the cable had deteriorated and was not safe to use, but at the 125th Judicial District Court of Harris County, Texas, Judge Christine Butts found in favour of the claimant and awarded him €11.6m.

A woman, who used to counsel patients about to undergo hip replacement surgery, has made a claim for faulty hip device compensation after the failure of her own DePuy ASR hip replacement system. The face of Penny Brown (51) from Bath in Wiltshire was familiar to many people about to have a DePuy ASR hip replacement operation. After her own implant in 2004, Penny acted as an ambassador for the company – counselling patients about to undergo surgery, allowing her image to used in DePuy marketing material and speaking to media about how her DePuy ASR hip replacement system had relieved of the pain of osteoarthritis. However, in 2009, Penny started to experience a pain in her groin whenever she walked. Within a few months more, a clunking noise developed from her implant and the pain spread. Like so many others making DePuy hip recall compensation claims, Penny was told that her DePuy ASR hip replacement system was failing and she would have to undergo revision surgery. Penny´s operation took place in April this year but, because of complications caused by her faulty hip device, she has been bed-ridden ever since and been unable to work. “I not only feel let down personally but also feel guilty that I might have encouraged others to have the ASR implanted” Penny told local reporters when the news broke of her claim for faulty hip device compensation. Better Injury Claims Comment: Penny´s delay in seeking medical attention when the pain in her thigh first developed may have exasperated the complications of her surgery and it is of vital importance that, if you have receive any model of metal on metal hip replacement system, you seek urgent medical attention as soon as you believe that a health problem is developing which may be attributable to a faulty hip device.