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Child Injury Claims

In Ireland, child injury claims for compensation have to be made by a parent or guardian acting as the child´s “next friend”. There are other procedures which distinguish child injury claims in Ireland from injury claims for adults – one of which being that any settlement of child injury compensation has to be approved by a judge before the settlement of the child injury claim can be paid. Even though you will not need legal representation until the conclusion of child injury claims, it is advisable to speak with a personal injury solicitor at the earliest possible opportunity to receive advice on making child injury claims in Ireland.

High Court Action Settled for €58,000 for Schoolgirl Injured when Bus hit Low Bridge

At the High Court a schoolgirl, who sustained injuries in a school bus accident, has settled her  action for €58,000. Kelly Marie Jackson was injured when a bus she was travelling in crashed with a low bridge when she was on a school trip with her classmates. The accident occurred in Mulhuddart, Dublin on January 29, 2019, . With an address at Briarwood Park, Blanchardstown, Dublin, 15-year-old Kelly Marie took the legal action seeking bus accident compensation via her mother Anne Davis against coach operator Eirebus Ltd in relation to  the accident that occurred at Shanty Bridge, Mulhuddart, Co Dublin. During the hearing presiding Judge Justice Garrett Simons remarked that Kelly Marie had bit through her lip due to the impact involved in the accident. In the aftermath of the road traffic collision the young girl also experienced post-traumatic stress disorder. Thankfully she has ceased to suffer with this condition since that time. Liability was not contested in the legal action. In an affidavit provided to the court, Ms Davis said that her then 14-year-old child was travelling as part of a school trip with her school, Blakestown Community School. She said that the bridge that the bus was attempting to drive under was at too low a height to allow the bus to pass through safely. Due to this when it collided with the bridge, the top of the bus was “cut off and opened backwards like the opening of a tin”. Ms Davis went on to say that her daughter later informed a doctor she was attending that a number of young children on the bus were screaming, just prior to the crash, to warn the driver that it looked like the bus would not fit beneath the bridge. Following the bus crash Kelly Marie called her mother who rushed to the scene of the accident. From here she took her child to the hospital for medical attention. Ms Davies told the court that, as a result of the impact in the crash between the bus and the bridge, her daughter sustained soft tissue injuries in the area of her hip and shoulder. Additionally she had cut through her lip with her teeth when she was knocked forward in the collision. This cut has left Kelly Marie with a small scar to her lip. Justice Simmons, as he was giving his approval to the bus accident compensation settlement, said that Kelly Marie has made a good recovery and that he was of the opinion that the agreed  settlement was a good one.  

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Goalpost Accident Compensation of €52,000 Awarded to Girl

A €52,000 personal injury accident compensation settlement has been agreed in a High Court Action taken by a teenage girl, Angelica Riabusko, who required stitches to her forehead after a goalpost on which she was swinging fell on top of her. Taking the legal action via her mother Marina against Wicklow County Council in relation to the injuries she sustained on the pitch at Arklow Leisure Centre on August 27, 2016. Justice Garrett Simons was informed that the girl, now 17 years old, was just 13 years old when the accident occurred as she was out for a walk with her mother. When they got to the gate of the leisure centre’s pitch they found that it was unlocked. The had not been at that location previously and they entered. Angelica – with an address at Charlesland Park, Greystones, Co Wicklow – hung onto the goal post and began to swing when it fell on top of her. She struck her her head on the ground and had to have stitches applied to the wound on her forehead. Her legal representatives said a full defence had been submitted in the Circuit Court and it was decided to initiate a legal action in the High Court due to the chance that Angelica may opt to undergo cosmetic surgery to the wound on her forehead at some point in the future. Counsel informed the Judge that the defence claimed that contributory negligence was evident due to the fact that there was a question as to whether Ms Riabusko and her mother should have been in that section of the centre on the day that the accident occurred. This resulted in a lower compensation settlement offer but the plaintiff felt that this was fair as there was a significant risk in proceeding to trial and was seeking approval of the offer. In approving the judge that while the girl had suffered a serious issue when the girl from the goalpost while on a walk with her mother present. However, he added that there were significant problems evident in relation to liability and contributory negligence. Due to this he awarded €52,000 which is comprised of €50,000 with €2,091 special damages which took into accoutn a discount for contributory negligence. The Judge added that there was a chance that the award could have been plower if the case went to a full trial setting and due to this he felt that this representing a “very good” compensation settlement.

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Brothers of Child (2) Injured by Tapir in Dublin Zoo Awarded €33k Compensation

After suffering from nervous shock due to witnessing their two-year-old sister, Katie, mauled and seriously injured in an attack by a Brazilian tapir at Dublin Zoo, Schoolboy brothers Daithi and Cathal Owens have received compensation settlements of €33,000. In approving the €66,000 compensation pay-out at the Circuit Civil Court, Judge John O’Connor was informed that heard the brothers were just eight and six when the savage attack was launched by the tapir, named Rio, during a visit by the Co Mayo family to the zoo in August 2013. Katie, who sustained significant arm and stomach injuries, was saved when her mother, Patricia Frost, put her own life in danger by throwing her body against the enraged animal and between it and her infant. In 2018 another sibling was awarded a €25,000 compensation settlement in relation to the same incident. Following the accident Katie was administered first aid treatment by staff of the zoo. Following this she was taken to Temple Street Children’s Hospital for emergency surgery. At Dublin’s Mater Hospital her mother was also hospitalised and treated for injuries she sustained in the incident. Representing Daithi and Cathal, Mr McGagh – who appearing with Cathy McDarby of Mayo solicitors McDarby and Co – informed Judge O’Connor the boys who are now in their teens were visiting the zoo with their parents Darragh Owens and Patricia Frost. After making previous arrangements with a family friend they were permitted to enter the tapir’s enclosure with a zookeeper. A typically docile mammal, it is thought that the tapir attacked after an “excited screech” by Katie, picking her up using its mouth and rigorously shaking her. Reacting quickly, her mother had thrown herself against the tapir, dislodging her daughter from the animal’s mouth, as the zookeeper and the child’s father, held back the attacking animal. Mr McGagh advised Judge O’Connor that Daithi and Cathal had suffered severe psychological trauma following the incident including disturbing recall incidents, nightmares and anxiety. Mr McGagh said: “The boys had been terrified, shocked and shaken.” He added that the publication in a medical journal of little Katie’s horrific injuries and further publication of the pictures in the media generally had undoubtedly added to the family’s distress.  

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Tree Stump Accident Leads to School Camp Compensation Award of €55,000 Awarded to Boy who Cut Knee on for Boy

A young boy, who cut his knee when he fell on a tree at a mid-term camp, has had his injury compensation claims settlement for €55,000 approved at the High Court . The boy, Diarmuid O’Connor, was 10-years-old when he attended the mid-term camp. During a break in class he explored a bushy area when he had the unfortunate accident involving the tree stump. Presiding Judge Justice Garrett Simons was told that Diarmuid had, in the company of some of his campmates walked off during break during break time. When they entered a part of the camp that was particularly bushy, DIarmuid fell across the tree stump. His friends, who were in his company, went to inform the camp supervisors who attended the scene as quickly as they were able to. The other young boys were taken away from the scene of the accident and emergency services were called to come to the assistance of the young boy. Diarmuid took the personal injury compensation claims via his mother Jacinta O’Connor against the managers of the camp, Artzone Ltd. This is the company that conducted the art camps during February 19, 2016. The camp was being held at Taney Parish Hall, Dundrum, Dublin. Now 15 years old, Diarmuid resides at an address in Ashton Avenue, Knocklyon, Dublin,The claim was -awarded In giving his approval for the school camp compensation settlement, Justice Simons said the Diarmuid has been left with a bad wound. Sadly, the young boy is now extremely self-concsious about wearing shorts, like most boys his age, during the warmer summer months. Justice Simons said that the felt the child injury compensation settlement agreed was a good one. He said that, if the case had gone to a full trial setting, there may have been multiple issues to address in relation to issues of supervision and how the young boy was allowed to wander away with a group of his friends and no supervisor.

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Hotel Skylight Accident Compensation Award of €75k for Boy

A high court settlement of €75,000 has been awarded to a 12-year old boy who, as a toddler, fell through a skylight in a hotel grounds and broke his arm. At the age of two, Rory Veighey McCabe was playing on a grassy area at the Moyvalley Hotel, Co Kildare. Sadly he fell through an skylight, which was embedded in the ground, and dropped ten feet. This was just one of many skylights in the area that were put in place to provide light to a tunnel used by staff to access the hotel kitchens from the exterior of the hotel. While attending a wedding with his family, Rory was playing on the grass with some other children. Rory was at the wedding reception at the Moyvalley Hotel with his parents. At the time the wedding speeches were taking place in the main ballroom some of the children used the corridor that led to the grassed area outside. It was at this time that Rory fell down ten feet through the tunnel floor. It was alleged that the accessible lawn area had an unsecured skylight and that this represented a dangerous hazard. In addition to this it was alleged that there was a failure to warn the public and the parents of the boy that the skylight was not secured and a failure to prevent a hazard from an area that was easy to access to anyone. Via his mother Nicola Veighey, of Kilcock, Co Kildare, Rory took the hotel accident compensation action against the proprietors of the hotel, Moyvalley Hotel and Leisure Company due to the accident that occurred on June 22,2010. Rory’s legal representative, John Kennedy SC told the court liability was not at issue in the legal action.   Mr Kennedy said that the toddler was not knocked out but did experience some suffering as result of the lacerations and the break to his right arm. He also lost three of his baby teeth due to the accident. Mr Justice Kevin Cross, in approving the personal injury compensation settlement,  said the fall was very severe and the young boy was extremely lucky not to have sustained a brain injury. Rory, the judge said, had a particularly bad fall but he has probably forgotten all by now. The Judge referred to the hotel accident compensation settlement as a good one and he wished Rory well.

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€41k Awarded to 5-year-Old Boy for Coffee Shop Soup Spilling Accident

A High Court personal injury compensation action has been settled for €41,000 in favour of a five year old boy who, when a baby, pulled a bowl of soup on top of himself in a coffee shop and suffered extensive burns. The boy in question, Otto Devine, was just six months old when he sustained superficial scald burns to his arms and legs at a coffee shop at the Airfield Estate, Dundrum, Dublin. The boy was with his father and grandfather when the accident occurred on May 10, 2015. His counsel Carl Hanahoe BL informed the presiding judge, Justice Kevin Cross, that soup and sandwiches were taken directly to the table. He said that the soup was allegedly placed in front of the infant who then caught the bowl spilling the liquid over himself. The young baby was rushed by ambulance to Our Lady’s Children’s Hospital, Crumlin. Here he was found to have partial thickness burns to both of his hands, his left leg and right foot. Additionally there was a redness to the right side of his face right hand and the inside of his left elbow. Overall, three per cent of the boy’s body were found to have been inflicted with burns. Due to this he was referred to the plastic surgery department where his wounds were cleaned and sterile dressings applied. In total the child was in hospital for eight days and two days following his admission he experienced early toxic shock syndrome and developed a fever. After this fever alleviated he was discharged on May 18, 2015. As a result of the accident, Otto was left with three areas of minor scarring, the court heard. The young boy’s legal team told the court that that soup should not have been taken to the table, at a temperature which would inflict serious burns, and put down on the table in  front of a young child. The legal action was taken on behalf of Otto by his father, Conor Devine, against the Airfield Estate as a result of the accident. Liability was not agreed in the case but a settlement was gredd and Justice Kevin Cross gave his approval for it and said that he was happy that Otto had made a good recovery from a serious injury.

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Child Accident Compensation of €35k Awarded following Trampoline Fall

A school girl who fractured her ankle, during a school trip, while jumping off a trampoline has settled her child accident compensation action for €35,000 at the High Court. 13-year-old Shauna O’Gorman, through her legal counsel, told the court that she believed there had been a failure to manage the activity on the trampoline correctly, a failure to see to it that the matting was properly in place and that the activity area was not kept clear of all obstructions. The management of Irish Gymnastics Ltd refuted these  allegations and claimed that there was negligence on the part of the young girl in relation to the accident. They alleged that the girl landed on a crash mat in an awkward way and had also failed to tell them that she had previously broken her left foot. The defence team also made the allegation that Shauna had not followed the specific and repeated instructions given to her in relation to the correct style to land on the mats. Shauna was attending a gymnastic event as part of a school tour and children were jumping on the trampoline in turn. Ms O’Gorman, who had jumped on the trampoline once prior to the accident, was just finishing her second go when the accident took place. Sara Moorehead SC, legal counsel for Shauna, informed Justice Kevin Cross that the children were jumping on the matting on the floor. Another witness added that she was of the opinion that the mats on the floor were not close enough together to prevent accidents occurring. In the High Court, Justice Cross was told that an MRI last year showed that the child’s ankle was now completely healed. However, following the accident Shauna had a plaster on her ankle and was could  not go on the first week of a family in Turkey that year. However she was able to link up with her family for the second week. Shauna, initiated  the fractured ankle compensation claim through her father Joseph O’Gorman, against Irish Gymnastics Ltd which operates as Excel Gymnastics, Celbridge Industrial Estate, Celbridge, Co Kildare due to the accident that took place on June 12, 2015. In giving his approval for the child injury compensation settlement,  Justice Cross said it was a good settlement as it was possible that Ms O’Gorman would not succeed if the case was allowed to continue.

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€35k Ankle Break Injury Compensation for Girl Who Broke Ankle at Rented Family Home

€35,000 ankle break injury compensation has been awarded a 17-year-old Maria Collins who fractured her ankle when she fell over a pothole in the backyard of her family’s rented accomodation. The personal injury compensation award was made against the landlord owners of the property, namely Dublin City Council. The girl’s mother, Caroline Collins, spoke in court to say that previous complaints had been registered with Dublin City Council before the accident in relation to the danger of the potholes in question. The Court was told that Maria had been taken to Temple Street Children’s Hospital where she for treatment following the accident. She was tended to by consultant orthopaedic surgeon Conor Hurson. X-rays showed that that a fracture of the right ankle bone had taken place and  Maria was placed in a temporary backslab immobilising cast. A later appointment was arranged for her with the fracture clinic at the hospital. Soon after this Maria had her cast change from a temporary immobilising backslab to a full fibreglass case which remained in place for a period of five weeks. Maria was prescribed with a course of paracetamol to deal with the ongoing pain that she was suffering from. Maria’s legal counsel Esther Earley, informed the Circuit Civil Court that the fall took place just over 18 months previously when Maria was 14-year-old. Ms Earley, told the court that the girl’s ankle twisted in a hole in the tarmacadam surface in the back yard of the local authority home. Ms Earley commented: “She (Maria) suffered a non-­displaced intra-articular fracture which has a higher risk of developing post-traumatic osteoarthritis.” According to Ms Earley, Dublin City Council was not only the only local body responsible for the area. However, in this case, as landlords for the property they had an inspection and maintenance duty in relation to it. Judge Groarke gave his approval for ankle break compensation settlement offer of €35,000 once he had been told that the girl is unlikely to suffer post-traumatic osteoarthritis.

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Personal Injury Compensation Award of €20,000 for Boy (5) Following Gully Fall

An accident on a water gully near the home of a young boy in Co Donegal has results in the child being awarded €20,000. He has been quite unlucky in tripping and falling near a gully near his home in Co Donegal. The child broke his arm in two places during the incident and had to being treated for  the injuries that he sustained. The boy was just aged five at the time that the accident took place near his home in Dungloe, Co Donegal on July 3rd, 2015. Through his mother and father, the boy took the personal injury compensation legal action against Donegal County Council at Letterkenny Circuit Civil Court. Judge James O’Donoghue told the Court that he was of the opinion that Irish Water were the body charged with the responsibility of controlling the integrity of the water service. He stated: “I thought Irish water took over all that?” Barrister Patricia McCallum, after being advised by solicitor Cormac Hartnett, told the court that this area was still under the control of Donegal County Council. At Letterkenny Circuit Civil Court, the boy’s parents were present and advised the Judge that their son, who is now aged nine-years-old, had made a complete recovery from the unfortunate incident. Judge O’Donoghue gave his approval for the €20,000 gully injury compensation offer. The Judge also awarded the costs for the young boy’s legal representatives.

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€27,500 Dog Bite Compensation Awarded to 11-year-old Boy

A €27,500 dog attack compensation settlement has been approved for a schoolboy (11) who was bitten by a neighbour’s greyhound and left with a serious laceration on his leg. Milan Nasyron, aged 9 at the time, was attacked when he was putting his bicycle in a communal basement car park at a residential development at Clarehall, Malahide Road, Dublin whee he lived on May 25 2017. His legal representative, Barrister Kevin D’Arcy advised the court that dog owner and defendant Ms Fiona Coggins, had permitted the greyhound to walk about without an appropriate required muzzle, despite the dog being involved in a number of previous attacks. Judge Mr Justice Raymond Groarke was advised that Ms Coggins did not have adequate control of her dog when Milan arrived home. The boy attempted to put his bicycle in a parking slot at the car park when the dog had gone for him. The attack had come from the direction of Ms Coggins’ car parking place. The dog attack punctured the rear of Milan’s left thigh and he had been thrown forward in the attack adding further injuries and scarring his right knee. The boy got away from the dog by running to the nearby elevator. Due to his injuries, Milan was taken to the Temple Street Hospital’s emergency department where his cuts were cleaned and dressed. He was also given antibiotics and it was noted that he had half inch scar on his right knee and a small puncture scar on the back of his left thigh. The court was told, Milan had shown a fear of dogs and developed anxiety since the attack. He had submitted took the dog bite compensation action against his neighbour Fiona Coggins through his mother Evita Hoverun, Presiding Judge Groarke said he felt that the €27,500 settlement offer for the boy was appropriate and he gave it an approval with an order for costs.

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Hotel Finger Injury Compensation Awarded to Child in Donegal

€45,000 hotel accident injury compensation has been awarded at the Letterkenny Circuit Court to a four-year-old child following an accident at a a hotel in Bundoran, Co Donegal. The child injury accident occurred at the Allingham Arms Hotel in July 2016 when the child was just two years old. Letterkenny Circuit Court was  informed that the child got his hand stuck in a doorway and the top 4mm of his finger was severed off. The child, whose name must be kept anonymous, was rushed to Sligo Regional Hospital before being then taken to a hospital in the North for additional treatment on his injured finger. The child had a plastic surgery operation so that there would be no long lasting cosmetic damage on the injured finger. Letterkenny Circuit court was told that the injured finger will have no lingering implications for the child’s movement or ability to complete basic tasks. In addition to this it will not prevent him from undertaking gainful employment when he becomes an adult. The child, the court was told, is left right handed and, fortunately, the severed finger is on the left hand. The child had suffered some psychological trauma due to the accident at the Allingham Arms, Judge John Aylmer at Letterkenny Circuit Court was informed. For some time following the hotel accident the child experienced interrupted sleep. However, the judge was told there there have no lasting psychological issues noticed in the child, nor have there been any signs a self conscious nature or confidence issues in relation to the severed finger on his left hand At Letterkenny Circuit Court Judge Aylmer gave his approval to the €45,000 severed finger hotel accident compensation award in relation to the accident that occurred at the Allingham Arms in Bundoran and the injuries the child suffered.

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Toxic Chemical Personal Injury Claims Made Against the Defence Forces

Toxic chemical personal injury claims have been made against the defence forces as a result of exposure to toxic chemicals at one of their airfields. In early 2017, a document in which a worker employed by the Defence Forces claimed to have proof of the “the untimely deaths of at least 20 adults…of which I believe died of illness related to unprotected chemical exposure” was made public. The whistleblower was stationed at the Baldonnel Airfield. The document included evidence that children of the Air Corps workers at the site also died due to their parents toxic chemical injury. The file mentioned specifically the death of a newborn girl due to ventricular septal defect (heart defect), a five year old boy died while having surgery to address a ‘malrotated intestine’ and a girl aged 15 died after contracting Ewing’s sarcoma, a form of cancer. The latter girl’s father is suffering from leukaemia at present. The wives of members of the defence forces have been making claims the effects of chemical exposure for some time. A mechanic, who previously worked with the Air Corps, noticed that a number of these women had experienced more than one miscarriages and in one particular case, a woman had eight consecutive miscarriages. This suspicious trend was brought to the attention of the authorities, and an independent third party, former civil servant Christopher O’Toole, was appointed by the Minister for Defence in 2016, to investigate the allegations Leader of Fianna Fáil Mr Micheál Martin said he believes a Commission of Investigation is now necessary. He stated “The situation is far from satisfactory because with his opening comments the report’s author is essentially saying he cannot fulfill the terms of reference. From the Government’s point of view they established this review, they must have known the terms of reference could not be fulfilled. It’s farcical.” Although the Health and Safety Authority (HSA) have advised that procedures into risk assessment need to be reviewed, a whistleblower has said that these steps are “too little, too late”, especially in the case of those who have lost family members or who have developed life-changing illnesses and injuries. Allegations have been made stating that these deaths are due to organizational failure on the part of the Defence Forces which meant that Air Corps personnel were exposed to toxic chemicals. The Defence Forces are now facing Toxic Chemical Personal Injuries compensation actions by some former employees. The Defence Forces have released a statement stating, “Given these matters are subject to litigation, it would be inappropriate to comment further.”

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Boy Left With Permanent Scars Receives Compensation for Dog Bite

A boy, who was left with permanent scars on his face and severe dental damage, has received a settlement of compensation from the owners of the dog which inflicted the injuries. Following being attacked and bitten in the face by a neighbour’s dog 15-year-old schoolboy, Adam Russell was today awarded €32,000 compensation for personal injuries. Adam Russell (12 years of age at the time of the attack) was playing while visiting the home Erica Deacon and Eoin Gibson in the Ballinclea Heights estate in Killiney on 28 September 2013. While he was playing, Deacon and Gibson’s German Pointer dog suddenly attacked him. The dog knocked him to the ground, and bit him on the face. Adam was rushed him to the Swiftcare Clinic, Dundrum, Dublin. Medical staff at the facility treated the lacerations to his face. The injury inflicted to his nose was sutured and the wound just below his lower lip had been closed with surgical glue. The injury suffered to his tooth was diagnosed, but was treated at a later date by dentists at Dalkey Dental Clinic. Through his father, Adam made a claim for dog injury compensation against the owners of the dog. Counsel for Adam Russell, Brian Sugrue, advised Circuit Court President Justice Raymond Groarke that Adam Russell, who was 12 at the time of the attack, was bitten on his face by the dog while playing with it, and that the dog’s owners should have been more attentive of the situation that Adam was in. “Adam suffered three specific face wounds,” Sugrue stated.  “He sustained a significant laceration to the bridge of his nose, a puncture wound to his lower lip and a chip fracture to one of his upper teeth.” Mr Sugrue said Adam Russell’s injured tooth would possibly need a crown in the future but part of the €32,000 dog attack compensation settlement offer took future dental work into account. Consultant Plastic Surgeon Patricia Eadie was brought in to consult on the case and advise the court on the extent of Adam’s injuries. She had examined Adam’s scars late in 2016 and said that revision surgery may be necessary. The scarring he suffered on his nose is permanent. Judge Groarke was advised that Mr Sugrue was recommending acceptance of the €32,000 compensation offer.  He commented this was within the ball park of compensation for such injuries, though was not to be considered generous.  The compensation offer was approved. As Adam is currently a minor, it will be invested in court funds until Adam becomes 18 years of age in 2019.

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Child Emotional Injury due to Car Accident Compensation Approved in Court

Two sisters, were not physically injured in a rear-end car accident, have had their emotional injury compensation settlement approved at the Circuit Court. On 11th February 2016, the two sisters – aged six years and four years at the time of the accident – were travelling in the back seat of the family car being driven by their parents. Suddenly, it was rear-ended on the Newcastle Road in Lucan, Dublin. The  other driver admitted liability for causing the accident. The day after the accident, the two girls were brought to their family’s GP to be examined. Neither girl was diagnosed with physical injuries from the incident. However, within a few days of the accident occurring, the elder sister complained of having a persistent headache. Both sisters started showing symptoms of panic when large vehicles passed the car, fearful that a repeat incident would occur. Concerned, their parents brought them to seek medical advice. A further review of their condition resulted in both girls being diagnosed with “a mild effect on the mental health”. The elder sister was particularly affected by the accident, experiencing worry, and panic around large vehicles. She also hyperventilated while travelling in the family car, especially close to where the accident had occurred. Through their mother, they made an emotional injury compensation claim against the driver of the negligent vehicle. On the advice of the family’s solicitor, they accepted an offer of settlement amounting to €33,000. As the claim had been made on behalf of plaintiffs unable to represent themselves, the emotional injury compensation settlement had to be approved by a judge to ensure that it was in their best interests. The case was heard at the Circuit Civil Court in Dublin, by Mr Justice Raymond Groarke. The court was told the circumstances of the accident, the nature of the girls´ injuries and the fact that they had only missed one day from school as a result of the accident in order to be examined by the family GP. The judge also heard the girls´ mother was satisfied with the amount offered. Te judge was told that the emotional injury compensation settlement was to be divided equally between the sisters. Approving the settlement, Judge Groarke ordered that it be paid into court funds until the girls reach they reached eighteen years of age.

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Boy Receives Compensation for Fall in Tayto Park Playground

A thirteen year old boy has received €25,000 in compensation for injuries his suffered following a fall from a playground tower at Tayto Park in March 2012. Conor Bolger, now thirteen years of age, of Briarfield Road, Kilbarrack, was visiting Tayto Park in March 2012. While playing at the playground, he fell from the playground tower, breaking his elbow. Conor was rushed to hospital, and underwent a surgical procedure to place pins in his lower arm after he fractured his elbow. Through his father, Conor filed the legal compensation claim against Ashbourne Visitor Centre Ltd, Co Meath trading as Tayto Park, due the injuries he was inflicted with in the incident and the subsequent surgery and physiotherapy which he had to endure. It was argued by Mr Bolger’s legal representation that tower he was climbing was overcrowded at this time. This created an unsafe environment, and contributed to the fall. In addition to this, it was claimed, the ground surrounding the tower did not have a sufficient amount of protective wood mulch. They claimed that regular inspections and safety checks were not being carried out in the area. The legal team felt that, had these measures been in place, the plaintiff’s injuries may not have been as severe. Counsel for Tayto Park (Ashbourne Visitor Centre) David McGrath SC denied these allegation. He stated the boy was climbing the Tayto Park tower when he “just fell” and this was not due to any issue with the tower itself. Mr McGrath advised the High Court Justice Kevin Cross that that boy’s family were happy to agree to a settlement of €25,000 for Tayto Park fall compensation. High Court Justice Cross approved the settlement, stating that Conor’s scarred elbow was not “too upsetting”. He also commented that Conor was known to enjoy playing basketball at the time of the incident and would have had difficulty doing this due to dexterity issues from the injuries.

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Approval of Eyebrow Scar Injury Compensation Put on Hold

A judge at the Circuit Civil Court has put the approval of an eyebrow scar injury compensation settlement on hold until further medical reports are received. The proposed settlement of eyebrow scar injury compensation was intended to compensate a four-year-old girl for an injury she suffered while travelling with her mother on a Dublin bus in 2015. Although strapped into her buggy, the girl – who was aged twenty-two months at the time – had hit her head on an upright support when the bus driver braked sharply to avoid a collision with an unmarked garda car. The girl´s mother had taken her to Temple Street Children´s Hospital, where a cut on the young girl´s eyebrow was cleaned and sealed with seristrips. The girl subsequently developed a fear of being put into her buggy and was also seen by her GP in relation to a soft tissue injury. Although a barely visible scar remains, it is possible the girl´s eyebrow will not develop normally. Through her mother, the girl made an eyebrow scar injury compensation claim against Dublin Bus and the Garda Commissioner. Liability for the girl´s injury was admitted, and an offer of eyebrow scar injury compensation amounting to €10,000 was forthcoming. However, as the claim had been made on behalf of a child, the offer of compensation had to be approved by a judge before the settlement could be made final. At the Circuit Civil Court, Mr Justice Raymond Groarke heard the circumstances of the accident and the injury that the young girl had suffered. On inspection of the eyebrow, Judge Groarke said he could still see a visible scar and it was difficult to tell if the girl had made a complete recovery. He added he was reluctant to approve the proposed settlement until a medical report was prepared on how the injury may interfere with the growth of eyebrow hair in the girl´s later life. He subsequently adjourned the approval hearing for six weeks.

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Judge Approves Interim Cerebral Palsy Settlement for Six-Year-Old Boy

A judge has approved an interim cerebral palsy settlement for a six-year-old boy and complimented the Health Service Executive for its cooperation. The six-year-old boy from Ballaghaderreen in County Roscommon was born at Sligo General Hospital in May 2010 after his birth had been avoidably delayed. According to the details of the case told to the High Court, a CTG trace at 5:30pm on the evening of the boy´s birth indicated that he was suffering foetal distress and should be delivered at the first possible opportunity. However, rather than perform an emergency C-Section procedure within an appropriate period of time, the boy´s delivery took place more than two hours later. Due to the avoidable delay, the boy was starved of oxygen in the womb and was born with cerebral palsy. He now has a weakness on the right side of his body, although this does not appear to have prevented him from becoming a sociable child. On the boy´s behalf, his mother made a claim for cerebral palsy compensation against the Health Service Executive (HSE). The HSE was quick to acknowledge liability and, as talks began with the boy´s parents to agree a cerebral palsy settlement, senior HSE personnel apologised for the mistake that had led to their son´s birth injuries and explained how it had happened. The boy´s parents and the HSE agreed to an interim cerebral palsy settlement of €740,000 which will cover the family´s costs for the next five years – the extended period of time being due to the family having moved to Canada. As the claim had been made on behalf of a child, the interim cerebral palsy settlement had to be approved by a judge to ensure it was in the boy´s best interests. At the approval hearing – and after hearing details of the case – Mr Justice Kevin Cross complimented the HSE for its attitude, and said that an apology and an explanation was “absolutely something to be encouraged”. Approving the interim cerebral palsy settlement, Judge Cross said he was delighted with the progress the little boy had made, and he wished him well for the future.

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Child´s Claim for Electric Gate Injury Compensation Resolved

A nine-year-old boy´s claim for electric gate injury compensation has been resolved at the Circuit Civil Court with the approval of a €19,000 settlement. In May 2010, Joel Gannon was just two-and-a-half years of age when his head got stuck between the railings of an electric gate as it was closing outside of his home in Cabra, Dublin. Joel´s head and shoulders were dragged along the ground as the gate closed, and although his father was able to free him quickly, Joel suffered a fractured left clavicle and abrasions to the left side of his face. On her son´s behalf, Lyndsay Gannon made a claim for electric gate injury compensation against the Tuath Housing Association – the housing association responsible for the family home – and Dublin City Council. In her claim for electric gate injury compensation, Lyndsay alleged that the gate should have been covered with a metallic net to prevent such accidents from happening. Liability was contested by both defendants but an offer of compensation amounting €19,000 was made to the family and they accepted it on the recommendation of their solicitor. However, as the claim for electric gate injury compensation had been made on behalf of a child, the offer had to be approved by a judge to ensure it was in Joel´s best interests. Consequently an approval hearing was scheduled for the Circuit Civil Court. At the hearing Mr Justice Raymond Groarke was told the circumstances of Joel´s accident and that an offer of settlement had been made without an admission of liability. After hearing that Joel had made a full recovery from the accident, Judge Groarke approved the settlement – commenting that Joel was lucky his father was close at hand at the time. The settlement of compensation will now be paid into court funds until Joel reaches the age of maturity. If funds are required for Joel´s education or related medical costs before he turns eighteen years of age, the family can apply to the Circuit Civil Court to access some or all of the settlement.

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Interim Settlement of Compensation for the Misdiagnosis of a Chicken Pox Infection Approved in Court

A €2.5 million interim settlement of compensation for the misdiagnosis of a chicken pox infection has been approved by a judge at the High Court in Dublin. Eoghan Keating was soon to be celebrating his second birthday when, on 24th August 2012, his parents took him to the Accident and Emergency Department of Waterford Regional Hospital suffering from a high fever and having developed a rash on his abdomen. Eoghan was diagnosed as having mumps and discharged. His parents – Larry and Martina – were told to treat him with ibuprofen and Carpol if his symptoms continued but, during the night, Eoghan´s health deteriorated. Larry and Martina called the caredoc GP service when Eoghan became lethargic and developed a swelling on his neck, and were told to return to the hospital. On their return, Eoghan was correctly diagnosed as having a chicken pox infection. He was intubated and ventilated before being transferred to the Children´s Hospital in Dublin. Unfortunately the correct diagnosis had been made too late to prevent the infection causing a brain injury and – now six years of age – Eoghan is tetraplegic and cannot talk. Martina sought legal advice and claimed compensation for the misdiagnosis of a chicken pox infection on her son´s behalf. In the action against the Health Service Executive (HSE) it was alleged that there had been a failure to identify the indications of a serious infection and admit Eoghan when the family first presented at the Waterford Regional Hospital. The HSE admitted liability for Eoghan´s brain injury and an interim settlement of compensation for the misdiagnosis of a chicken pox infection was agreed. As the claim had been made on behalf of a child, the €2.5 million interim settlement had to be approved by a judge to ensure it was in Eoghan´s best interests. Consequently the sequence of events leading up to Eoghan´s brain injury and the consequences of his injury were related to Mr Justice Kevin Cross at the High Court. At the approval hearing, Richard Dooley – the General Manager of Waterford Regional Hospital – read an apology to the court apologising for the “deficiencies in care provided to Eoghan”. Judge Cross told the Keatings “your suffering cannot be described or defined” before approving the interim settlement of compensation for the misdiagnosis of a chicken pox infection. The judge then adjourned the case for two years in order that an assessment of Eoghan´s future needs can be conducted.

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€100,000 Settlement of Compensation for a Scar due to an Adverse Reaction Approved in Court

The High Court has approved a €100,000 settlement of compensation for a scar due to an adverse reaction in favour of a three-year-old girl. Sophia Ryan was born on the 19th October 2012 at the National Maternity Hospital in Dublin seventeen weeks premature. Immediately after her birth, Sophia was transferred to the Special Care Baby Unit, where she was administered medication via a series of catheters. Prior to the insertion of the catheters, Sophia´s skin had been cleaned with chlorhexidine – a different antisepsis lotion from the povidone-iodine usually used on premature babies – as part of the National Children´s Research Centre´s “SKA trial”. Sophia´s mother – Anne – had given permission for the lotion to be used on Sophia after being assured that it would not have any side effects or cause her daughter any discomfort. However, the morning after Sophia´s birth, nurses noticed she was distressed and had redness and ulcerations on her back. The condition was attributed to an adverse reaction to the chlorhexidine. Sophia was administered morphine to provide pain relief and a cream used to prevent bacterial skin infections – Fucidim – was applied to her skin. When a plastics specialist noted that Sophia had suffered a deep dermal skin burn on her back, the Fucidim treatment was discontinued and an alternate cream applied. Sophia´s condition improved, but she has been left with discoloured skin and a scar on her back that was likened by a consultant paediatric dermatologist in May 2014 as being similar to a chemical burn. Through her father – Tom – Sophia claimed compensation for a scar due to an adverse reaction against the National Maternity Hospital; alleging that her mother would never have consented to the application of chlorhexidine had she been aware about the potential side effects. The hospital made an offer of compensation for a scar due to an adverse reaction without an admission of liability, at the approval hearing at the High Court, Mr Justice Richard Humphries was told that Sophie will likely need a skin graft in the future to hide the discolouration and permanent scar. On hearing the details of the hospital´s offer of €100,000, Judge Humphries approved the settlement of compensation for a scar due to an adverse reaction and ordered that the hospital also pay the Ryan´s legal costs.

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Interim Settlement of Compensation for Birth Injuries due to Medical Negligence Approved in Court

An interim settlement of compensation for birth injuries due to medical negligence at the Midwestern Regional Maternity Hospital has been approved in court. On 19 August 2013, Catriona Enright was admitted to the Midwestern Regional Maternity Hospital in Limerick, thirty-seven weeks into her pregnancy with son Charlie. After tests were conducted, the decision was made to induce labour and Catriona was administered Syntocinon. Despite hyper-stimulation being a known side effect of Syntocinon, Catriona´s condition was not adequately monitored. A subsequent misinterpretation of the CTG tracing and a belated recognition of foetal distress led to Charlie being born “flat” the following day, unable to breathe independently. Charlie was transferred to Cork University Hospital, where he was diagnosed as having suffered an intra-cranial haemorrhage and treated with therapeutic hypothermia (“head cooling”). However, due to the brain damage Charlie suffered prior to his birth, he is severely and permanently disabled. On her son´s behalf, Catriona claimed compensation for birth injuries due to medical negligence against the Midwestern Regional Maternity Hospital and the Health Service Executive (HSE). Liability was admitted for Charlie´s birth injuries and an interim settlement of €1.75 million agreed while a report is prepared into Charlie´s future needs. As the claim for compensation for birth injuries due to medical negligence was made on behalf of a child, the interim settlement had to be approved by a judge to ensure it was in Charlie´s best interests. Consequently, at the High Court, Mr Justice Anthony Barr was told the circumstances leading up to Charlie´s birth. Judge Barr approved the interim settlement, saying it was a very good one that should take care of the boy´s needs for the next two years. After two years, the family will have to return to court for the approval of a subsequent interim settlement of compensation for birth injuries due to medical negligence or the approval of a lump sum payment, assuming that no system of periodic payments is introduced in the meantime.

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Permanent Scar Compensation Claim Resolved at High Court

A permanent scar compensation claim has been resolved at the High Court with the approval of a €106,000 settlement in favour of a seventeen-year-old girl. In August 2009, Shauna Burke from Corbally in County Limerick was on holiday with her family at Slattery´s Caravan Park in Lahinch, County Clare, when she lacerated her leg on a nail that was allegedly protruding from a box attached to a pole. Shauna – who was ten years old at the time – received medical treatment for her injury, but – now seventeen years of age – has a permanent visible scar above her knee. On Shauna´s behalf, John Burke – her father – made a permanent scar compensation claim against the owner of the caravan park – Austin Francis Slattery. Slattery denied that he was liable for Shauna´s injury and the resulting scar, but agreed to a €106,000 settlement of the permanent scar compensation claim – made up of €90,000 for Shauna´s pain and suffering and €16,000 for her future medical care. As the permanent scar compensation claim had been made on behalf of a child, the offer of settlement had to be approved by a judge to ensure it was in Shauna´s best interests. Consequently at the High Court, Mr Justice Anthony Barr heard allegations that the nail on which Shauna cut her leg was a hazard that should have been removed due to it being located in an area often frequented by guests at the caravan park. After inspecting the scar, Judge Barr said that the proposed settlement of the permanent scar compensation claim was a good one and that he was happy to approve it. Because Shauna is still a legal minor, the judge ordered that the settlement should be paid into court funds, where it will remain in an interest yielding account until Shauna´s eighteenth birthday.

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Claim for Brain Damage due to Negligent Surgery Heard in Court

The details of a claim for brain damage due to negligence surgery have been heard in the High Court prior to the approval of an interim settlement. Jude Miley was born on 16th July 2011. In January 2012 Jude was diagnosed with a condition affecting the contour of his diaphragm and he underwent surgery at Our Lady´s Hospital for Sick Children to assist his breathing. Unfortunately, a suture used in the operation was left untied and, due to its proximity to Jude´s heart, damaged the organ every time Jude took a breath. Two days after the operation, Jude went into cardiac arrest – suffering brain damage when his brain was starved of oxygen. On his son´s behalf, Greville Miley – from Dundrum in Dublin – made a claim for brain damage due to negligent surgery against the hospital; alleging that the suture had been placed without the surgeon having sight of the heart and other vital organs. Our Lady´s Hospital for Sick Children only admitted liability for Jude´s injury last year – originally contesting the claim for brain damage due to negligent surgery on the grounds that the risk of cardiac arrest was a known risk of the surgery, and nothing could be done about it. As Mr Justice Anthony Barr heard at the High Court earlier this week, Jude´s parents were also excluded from the hospital´s internal investigation after being asked to be kept informed of any developments. Both Greville and Anne Louise subsequently had to give up their jobs to care for their son. However, once the hospital had admitted liability, an interim settlement of the claim for brain damage due to negligent heart surgery amounting to €1.8 million was agreed. This interim settlement will allow the family to buy a suitable home to raise Jude and compensate Greville and Anne Louise for their loss of income. Judge Barr approved the interim settlement of compensation and adjourned the case for an assessment of Jude´s future needs to be made.

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Claim for the Late Diagnosis of Hydrocephalus Settled in Court

A child´s claim for the late diagnosis of hydrocephalus, which allegedly resulted in him suffering from autism, has been settled at the High Court. Joe Keegan-Grant was born at the Mount Carmel Hospital in Dublin by emergency C-Section on 17th January 2008 after a scan had revealed an arachnoid cyst near the base of his brain and doctors wanted to avoid any pressure being applied to the cyst during Joe´s delivery. Discharged in good health, Joe was regularly assessed by public health nurses and paediatrician Dr Vladka Vilimkova; but according to Joe´s mother – Patricia – neither plotted Joe´s head circumference on a chart or exchanged the measurements they had taken. Due to the failure to exchange information, it was not realised that Joe´s head circumference was expanding faster than a normal child´s. It was only when the family moved to Creggs in County Roscommon that Patricia´s new GP expressed concerns about the size of Joe´s head. Patricia requested a referral to the Crumlin Hospital for a scan and, in October 2008, Joe was diagnosed with hydrocephalus – a condition that is a known possible consequence of an arachnoid cyst. The condition was attributed to Joe´s developmental delay, behavioural problems and autism. Through his mother, Joe made a claim for the late diagnosis of hydrocephalus, alleging that – as it was a known possible consequence of an arachnoid cyst – both the public health nurses and Dr Vilimkova should have been on the lookout for the condition. Medical negligence was denied by the Health Service Executive (HSE), but as Mr Justice Kevin Cross was told at the High Court, a €1.9 million offer of settlement had been made to the family without an admission of liability. Judge Cross heard that, despite his autism, Joe was doing well at school. However, he would not be able to care for himself when he grew older, live an independent life or earn a living. Joe´s father told the judge: “we just want to ensure that we can look after him and offer him the best care and therapy and interventions that can bring him along.” It was also explained to the court that although Joe´s legal team had evidence to support the claim for the late diagnosis of hydrocephalus, the HSE had experts that would dispute the link between undiagnosed hydrocephalus, developmental delay and autism. With there being an issue of doubt over causation, Joe´s barrister had recommended that the family accept the offer of compensation. The judge said it would be prudent for him to approve the settlement of Joe´s claim for the late diagnosis of hydrocephalus; noting that there was a risk that, should the case go to a full hearing, the HSE could win its argument. Judge Cross approved the €1.9 million compensation settlement and wished Joe and his parents all the best for the future.

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Compensation for the Delayed Delivery of a Child Approved

An interim settlement of compensation for the delayed delivery of a child, who consequently sustained brain damage, has been approved in the High Court. Mohammad Daud Assad (now aged eleven years) was born at the Rotunda Hospital in Dublin on February 20th 2004 by emergency Caesarean Section after becoming distressed in his mother´s womb. Mohammad was born in a poor condition and needed resuscitating after the delivery. Due to being deprived of oxygen immediately before his birth, Mohammad suffered severe brain damage. He now suffers from cerebral palsy and has both mental and physical disabilities. Unable to speak, Mohammad will need full-time care and support for the rest of his life. Through his mother – Alia Muryem Assad of Ballyfermot in Dublin – Mohammed claimed compensation for the late delivery of a child against the Rotunda Hospital. It was alleged that his mother arrived at the hospital at 9:00am on the morning of his birth – ten days overdue – but that he not delivered until 10:30pm. In excessively delaying Mohammad´s birth, it was claimed, there was a failure to properly assess his mother and consider a failing of the placental function – particularly after a reduction of the foetal heart rate was recorded several hours before his birth. At the High Court, Mr Justice Kevin Cross heard that Mohammad attends mainstream school and enjoys music. He was also told that the Rotunda Hospital had only acknowledged liability for Mohammad´s birth injuries within the last two weeks, and that an interim settlement of €3 million compensation for the delayed delivery of a child had been agreed. The judge approved the interim settlement of compensation for the delayed delivery of a child and commented that the way in which the family had rallied round to help Mohammad´s parents “restored one´s faith in humanity”. The case was then adjourned until 2022, when Mohammad´s future needs will be assessed and a full settlement of his claim resolved.

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Judge Approves Settlement of 22 Claims for Abuse at a Creche

A High Court judge has approved the settlement of twenty-two claims for abuse at a crèche relating to alleged assaults at the Links Abington Crèche in Dublin. The Links Abington Crèche in Malahide, Dublin, was the subject of an RTÉ documentary in March 2013. The documentary – “Breach of Trust” – saw pre-school children being physically and verbally abused by staff at the childcare facility. Following broadcast of the documentary, the parents of twenty-two of the children made claims for abuse at a crèche against Links crèche Southside Ltd, Links crèche Montessori Ltd, and the owners of the crèche – Padraig and Deidre Kelly. The defendants entered a full defence against the claims for abuse at a crèche but, at the High Court, Mr Justice Kevin Cross heard that offers of settlement had been made to the parents of the children without an admission of liability. The settlements were divided into three categories for children who had been physically or verbally abused during the broadcast of the documentary, for children who had been sitting alongside those who had been abused, and for children who were present at the time of the alleged abuse, but not shown in the broadcast. The judge was told details of some of the treatment that the children received. One boy with mobility issues had been grabbed roughly and placed forcibly onto a mat when he tried to crawl away during “circle time”. Other cases involved children who were shouted at during mealtimes, and one involving a child who had a hand slapped and was sworn at for handling food. It was alleged in the claims for abuse at a crèche that many of the children exhibited a high level of stress around nappy changing time and had developed “behavioural difficulties” that had stopped once the children were removed from the crèche. However, none of the children appear to have suffered any long-term consequences of the alleged mistreatment. After hearing that a separate claim made by the parents for nervous shock had been settled out-of-court, Judge Cross approved the settlements of the claims for abuse at a crèche, which ranged from €40,000 to €75,000 depending on the category of alleged abuse each child had suffered.

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Varadkar Disputes IDA Dental Healthcare Claims

Health Minister Leo Varadkar has disputed dental healthcare claims made by the IDA that thousands of avoidable tooth extractions are conducted each year. The dental healthcare claims were made at a seminar for Health Service dentists recently held in Carlow, where the president of the Irish Dental Association (IDA) – Anne Twomey – suggested that cuts in dental funding were responsible for 95 percent of more than ten thousand tooth extractions conducted on children under anaesthetic each year. In her speech to the delegates, Ms Twomey explained that children under the age of fifteen were needlessly undergoing multiple extractions under anaesthetic in hospitals each year due to a reduction in the schools screening service and a lack of education. Some children, she claimed, were not receiving any form of dental treatment until the age of twelve. The reduction in the schools screening service, Ms Twomey claimed, had led to many children suffering chronic oral infections – particularly in areas of Galway, Offaly, Kerry and some parts of Cork. Ms Twomey also presented anecdotal evidence that children were being admitted to hospital for antibiotic treatment to treat the infections while they waited for appropriate dental care. The IDA says that it warning were given to the government five years ago about the impact of cuts to dental services in Ireland, and the Association claims that the cost of the unnecessary extractions would ultimately be much more than had been saved. The figure of ten thousand avoidable extractions was called a “national disgrace” However Health Minister Leo Varadkar has disputed the accuracy of the dental healthcare claims. Speaking to reporters, Mr Varadkar said: “The number of publicly-employed dentists has gone down from about 312 to 300 in the last couple of years, so there hasn´t been a significant reduction in the number of publicly-employed dentists”. Mr Varadkar also denied that avoidable hospital extractions for children were running at five times the rate of the UK. He commented that the figures he had seen suggested that the figure of 3,600 dental extractions on children under the age of fifteen under anaesthetic were more accurate, and added “I think we need to know all the facts before jumping to conclusions”.

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Judge Approves Revised Settlement of Sports Injury Compensation Claim

A judge at the Circuit Civil Court has approved the settlement of a teenager´s sports injury compensation claim after a previous offer was rejected. In June 2012, Rhian Holohan from Kentstown in County Meath was just fifteen years of age when she was playing in a game of soccer between Kentstown Rovers FC and Ayrfield United in the Dublin Women´s Soccer League. Rhian was playing in goal and, as she dived to make a save, she cut her knee on a piece of broken glass that was on the surface of the pitch. The game was stopped so that Rhian could receive first aid treatment and she was taken to Our Lady of Lourdes Hospital in Drogheda. At the hospital Rhian´s lacerated knee was cleaned and sutured under anaesthetic. Because of the depth of the cut, Rhian experienced months of pain and swelling and had to use crutches for support. She was unable to play football again for several months and now has a visible 1.5 cm circular scar on her knee. Rhian made a sports injury compensation claim against Dublin City Council, the Trustees of Dublin Women´s Soccer League and the Trustees of Ayrfield United FC through her mother, Anita. Liability for Rhian´s cut knee injury was accepted by the three defendants. A settlement of €22,000 was negotiated, but because the sports injury compensation claim was made on behalf of a minor, the settlement first had to be approved by the court. Consequently Mr Justice Raymond Groarke was told how Rhian suffered her sports injury and its consequences. Judge Groarke considered the original offer of settlement inappropriate to the level of injury that Rhian had sustained, and he asked the parties to reconsider the offer. Following further negotiations, the offer of settlement was increased to €30,000. Judge Groarke approved the revised settlement and closed the case.

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Dublin Employees Making Increased Number of Claims for Needlestick Injuries

The number of compensation claims for needlestick injuries made by employees of Dublin City Council has increased over the past three years. The year-on-year increases in compensation claims for needlestick injuries was revealed by Fianna Fáil Councillor Jim O’Callaghan, who has analysed personal injury claims made by Dublin City Council employees over the past three years. According to Councillor O´Callaghan, it is of particular concern that employees´ claims for needlestick injuries have increased in each of the past three years, and he called on Dublin City Council to “review its measures and introduce safer systems of work for its employees immediately”. Councillor O´Callaghan also raised the question of whether cutbacks in the council´s finances had resulted in a reduction of appropriate training and the provision of personal protection equipment for council employees. A spokesperson for Dublin City Council later told the press that this was not the case. The data relating to compensation claims for needlestick injuries was included in figures that revealed Dublin City Council paid out more than €8 million in the settlement of personal injury claims during 2014. Although the majority of the €8 million paid in settlement of personal injury claims was paid to members of the public who most commonly suffered broken limbs, and shoulder and back injuries, due to slips, trips and falls on council-maintained property, €617,000 was paid to council employees. Claims for Needlestick Injuries Made by the Public There was no information in Councillor O´Callaghan´s revelations relating to claims for needlestick injuries made by the public against Dublin City Council, but – historically – these have not proved to be successful. In 2013, simultaneous claims for needlestick injuries against Dublin Council were made by the mothers of two toddlers who had been playing with syringes discarded in Killinarden Park. Neither child had suffered an injury after piercing their hands with the syringes, and the claims were dismissed. The judge presiding over both claims for needlestick injuries – Mr Justice Matthew Deery – commented that Dublin City Council was making reasonable efforts to prevent the risk of needlestick injuries to park users, and the claim that the local authority had acted “with reckless disregard of the children” could not be substantiated.

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Compensation for Being Injured on the Luas Approved in Court

A Circuit Court judge has approved a €25,000 settlement of a girl´s claim for compensation for being injured on the Luas. On 14th February 2008, six-year-old Aoife Heron boarded a Luas ahead of her mother at Connelly Street. Aoife´s mother – Elaine – was pushing a buggy containing Aoife´s younger sister, but failed to get inside the train before the doors closed – trapping the buggy between them. The automatic doors opened again, allowing Elaine to retrieve the buggy; but, as Aoife attempted to join her mother and sister on the platform, the automatic doors closed once again – trapping Aoife´s head between them. Aoife suffered a head injury, which was treated at Connelly Street by an ambulance crew. She was later examined by the family GP, who diagnosed soft tissue damage to Aoife´s head and a small amount of bruising. As a result of the accident, Aoife has a scar on her head and has developed a phobia about travelling on the Luas. The family´s GP has said that Aoife may need psychotherapy in the future to overcome her fear. On her daughter´s behalf, Elain Heron from Raheny in Dublin claimed compensation for being injured on the Luas against Veolia Transport Dublin Light Rail Ltd – the operators of the Luas – for negligence and breach of duty. The transport company initially denied liability and prepared a full defence against the claim. However, after a period of negotiation, the two parties agreed to a settlement of €25,000 in compensation for being injured on the Luas. At the Circuit Civil Court in Dublin, Court President Mr Justice Raymond Groarke heard about Aoife´s accident and the injuries she had sustained. He approved the settlement of compensation for being injured on the Luas, which will be held in court funds until Aoife (who is now thirteen years old) reaches the age of eighteen.

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Settlement of Compensation for being Bitten by a Dog Approved in Court

A €150,000 settlement of compensation for being bitten by a dog has been approved in the High Court in favour of a twelve-year-old girl. Lauren Kelly from Abbeylara in County Longford was playing “hunting the wren” with family and friends on St Stephens Day in 2011, when she was attacked by a Rottweiler that had escaped its home by jumping over a wall and was roaming the streets. Lauren suffered twenty-six puncture wounds to her upper right arm and injuries to her neck and right shoulder as she was “tossed around like a rag doll”. Lauren escaped further injury when her mother and friends intervened, and she was taken to hospital. At the hospital, Lauren was treated for her injuries and subsequently had to undergo skin graft operations which left her with twenty visible scars on her arm. She still has to wear a protective medical sleeve when swimming to prevent infections from developing. Through her parents – Michael and Marcella Kelly – Lauren claimed compensation for being bitten bya dog against the Rottweiler´s owner – William Crawford also of Abbeylara, County Longford – alleging that Crawford had been negligent by having inadequate measures to stop the dog from escaping. The compensation claim was initially disputed, but a settlement of compensation for being bitten by a dog was eventually agreed amounting to €150,000. However, before the claim could be finalised, the settlement of compensation had to be approved by a judge due to Lauren´s age. Consequently, at the High Court in Dublin, Mr Justice Kevin Cross was told the circumstances of the attack and the injuries that Lauren had sustained. The judge approved the €150,000 settlement of compensation for being bitten by a dog, which will be held by the court in an interest-bearing account until Lauren reaches the age of eighteen.

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Boy Overcome by Slurry Pit Fumes Dies in Hospital

A young boy who was overcome by slurry pit fumes on a farm in County Antrim has died in hospital after emergency services failed to revive him. Robert Christie (8) from Donloy in County Antrim is believed to have been overcome by slurry pit fumes as he helped his father mix slurry on a neighbour´s farm. Both he and his father – Bertie Christie – were found on Saturday afternoon by a postman delivering mail to the address, and an ambulance was called immediately. Robert was airlifted to Belfast´s Royal Victoria Hospital but doctors were unable to save his life, while Bertie Christie was taken by ambulance to the Causeway Hospital in Coleraine, where his condition remains in critical condition. On request of the family, the police have not released details of how Robert was exposed to the deadly slurry pit fumes, but an explanation of how such deadly accident can occur was offered by the Deputy President of the Ulster Farmers Union, Barclay Bell. Mr Bell explained that slurry pits at this time of the year often contain the waste materials of animals that have been kept indoors over the winter. The slurry is used as a fertiliser on farms, but before being able to use it, it has to be agitated so that it can be spread. However, while the slurry has been resting since the winter a lethal combination of gasses develops – most noticeably hydrogen sulphide – and during the agitation process, the fumes of these lethal gases are released. It is difficult to know when the lethal fumes have dispersed because they have no smell and, as the gasses which produce the fumes are heavier than air, they tend to stay low to the ground – potentially explaining how Robert suffered a fatal injury when being overcome by the slurry pit fumes and his father did not. Northern Ireland´s Health and Safety Executive are already investigating the accident and the organization´s Chief Executive -Keith Morrison – said: “Incidents like this show starkly the dangers which our farming communities face and my heart goes out to those affected by this tragic accident”.

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High Court Approves Compensation for Critical Injuries due to Bus Accident

A €9 million settlement of compensation for critical injuries due to a bus accident has been approved in the High Court in favour of a Spanish student. On February 4th 2009, twelve-year-old Carlos Tesch was walking along Herbert Road in Bray, County Wicklow, with some fellow Spanish students when a number of youths, who had previously been verbally abusive to them, started to approach the group. Carlos tried to avoid the older boys by running out into the street; but, as he did so, he was struck by a bus coming up the street from behind him. Carlos suffered catastrophic head injuries in the accident – fracturing the base of his skull, and leaving him unable to talk or walk more than a few steps without help. Carlos´ father – Hans Tesch – gave up his managerial position to care for his son, and has twice taken him to China for stem cell treatment. Despite his severe disabilities, Carlos still manages to attend the Institute of Further Education in his home town of Bray, County Wicklow, during school hours. Through his father Carlos claimed compensation for critical injuries due to a bus accident against the operators of the Bray service – Dublin Bus. Dublin Bus denied their liability for Carlos´ catastrophic injuries, arguing that it was unreasonable for the driver of the bus to predict when a child would run out into the road. Last year the claim proceeded to the High Court, where Dublin Bus was found to be 70 percent liable for Carlos´ injuries after it was admitted that the bus driver had been distracted by a passenger just before Carlos ran out from the pavement. Dublin Bus appealed the High Court decision, but the verdict was upheld by the Supreme Court and the claim returned to the High Court for the assessment of damages. This week at the High Court, Ms Justice Mary Irvine heard that a €9 million settlement of compensation for critical injuries due to a bus accident had been agreed and, after being told the circumstances of Carlos´ terrible accident – and the care his father had provided in the five years since – Judge Irvine said that her experience of cases such as this made her aware of the sacrifices that parents make when their children are badly injured. The judge then closed the hearing after approving the settlement.

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Circuit Court Judge Approves Settlement of Cut Finger Injury Compensation

A Circuit Court judge has approved a settlement of cut finger injury compensation for nine-year-old girl who sustained her injury in the café of Debenhams in Henry Street. In March 2011, Naoise Walsh from Bluebell in Dublin was just six years of age when she tried to retrieve a drink carton from a fridge located in Debenhams´ café in Henry Street. As Naoise removed the drink carton from the fridge, she caught her finger on the metal shelf in the fridge and it started to bleed profusely. Naoise was taken to the Temple Street Children’s Hospital in Dublin by ambulance; where the laceration to her finger was dressed. She returned to the Temple Street Hospital the following day where an examination of her injured finger was conducted under a general anaesthetic to check for tendon damage. No permanent injury was found, Naoise´s injury was stitched, and she was discharged from hospital the same evening. Naoise´s mother took legal advice and, on behalf of her daughter, made a cut finger injury compensation claim on behalf of her daughter. The Debenhams Store in Henry Street admitted that it was liable for Naoise´s injury and a settlement of €10,000 compensation for a cut finger injury was negotiated. As Naoise was just six years of age when the accident happened, the settlement of cut finger injury compensation had to be approved by a judge before the case can be resolved and, at the Circuit Civil Court in Dublin, Mr Justice Raymond Groarke was told the circumstances of Naoise´s injury before approving the settlement of her claim.

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Agreement Found in Pre-Birth Injuries Compensation Claim

A Circuit Civil Court judge has approved a settlement in a pre-birth injuries compensation claim after an agreement was negotiated between the two parties involved. Judge Matthew Deery approved the settlement after hearing how Aoife Sheehan (14) from Rathfarnham in Dublin was delivered prematurely at the Coombe Hospital in Dublin on 15th April 1999 at only thirty-six weeks. It had been alleged in the claim for pre-birth injuries compensation that Aoife had been born prematurely due to her mother – Martina Sheehan – having been involved in a car crash two days earlier which was responsible for the early onset of her labour. After her birth, Aoife suffered from respiratory distress syndrome and was transferred to the intensive care unit where a ventilator was used to control her breathing. Even when it was felt safe to remove the ventilator, Aoife remained in the intensive care unit for a further three weeks. Through her mother, Aoife made a pre-birth injuries compensation claim against the driver of the car Martina Sheehan had been in collision with – Elaine O’Connor, also from Rathfarnham – alleging that had the accident not occurred, Aoife would not have been born prematurely and suffered from respiratory distress. Insurers for Ms O´Connor denied their policyholder´s liability and claimed that there was no proof that the car accident was the cause of the early onset of labour and that pre-term babies were more pre-disposed to respiratory distress. They also stated that, as Aoife was not born at the time of the accident, she was ineligible to receive compensation for her pre-birth injuries. However, after protracted negotiations a settlement of the pre-birth injuries compensation claim was agreed that would see Aoife receiving €17,800. Approving the settlement, Judge Deery said that – given the circumstances and difficulties proving liability – the settlement was a good one.

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Compensation for Childrens Ill Health Approved for Twins

Twin sisters, who developed breathing problems after faulty renovations had been made to the family home, are to each receive €5,000 compensation for childrens ill health after a settlement was approved at the Circuit Civil Court. Eleven-year-olds Abby and Chloe Croke both developed respiratory difficulties following the incorrect installation of a shower drain in the bathroom of the family home in Raheny, County Dublin. Investigations into the source of the Chloe´s asthma and the issues which had affected the rest of the family took three years before it was discovered that the fumes from the shower drain were the cause of the problem. After remedial work was carried out on the bathroom, and the health of the family improved, a claim for childrens ill health compensation was made by the girls´ mother – Ita Croke – against the company that carried out the renovations to the bathroom – Alpha Engineering Heat Providers of Finglas, Dublin – claiming that the company´s negligence had resulted in an injury to her children. The company denied that they had negligently installed the shower drain, but agreed to a settlement of compensation for childrens ill health amounting to €5,000 for each child. As with all claims for children´s injury compensation, the settlement has to be approved by a judge before the claim is resolved and, at the Circuit Civil Court in Dublin, Circuit Court President Mr Justice Raymond Groarke rubber-stamped the compensation settlements.

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Judge Approves Settlements of Compensation for Injuries in Childcare Facilities

Two settlements of compensation for injuries in childcare facilities have been approved in the High Court following separate claims brought by the parents of children injured in two separate accidents. The first claim for children´s injury compensation was made against Sandy Childcare of Dunshaughlin, County Meath, by the father of Ella Rogerson, who was hit in the face by a jet of water from a hose in June 2010, and suffered a serious injury to her eye. Ella´s father claimed that the staff at Sandy Childcare had been negligent and in breach of their duty of care by allowing the accident to happen – a claim which the childcare facility denied. However, Mr Justice Michael Peart at the High Court in Dublin heard that an agreement of compensation for injuries in childcare facilities had been reached and, after hearing the circumstances of Ella´s accident, the judge approved the settlement amounting to €122,000. The second of the settlements of compensation for injuries in childcare facilities concerned three-year-old Lauren Torpey, who had tripped and suffered a deep cut to her face when she had fallen against a sharp-edged skirting board in June 2011 at the Giraffe Childcare facility in Harcourt Road, Dublin. Lauren made a claim for children´s injury compensation through her mother Tara Lillywhite of Rathgar, County Dublin, and liability for Lauren´s injury was admitted in this case. Mr Justice Michael Peart, who was again sitting, approved the settlement of €51,500 compensation for injuries in childcare facilities.

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Claim for Cerebral Palsy Compensation Adjourned for Two Years after Interim Settlement Approved

A claim for cerebral palsy compensation has been adjourned for two years after an interim settlement of compensation for a thirteen-year-old boy was approved in the High Court. Ryan Brennan from Cahir, County Tipperary sustained irreversible brain damage during his birth at St. Joseph´s Hospital in Clonmel in January 2000; an injury which his parents – Lorraine and Raymond Brennan – believe was due to a failure to act by the hospital´s consultant obstetrician – Dr Brendan Powell. The Brennans alleged in their claim for cerebral injury compensation that abnormalities had been discovered in Ryan´s heart rate tracing hours before he was delivered, but no action had been taken by the doctor or staff at the hospital. Ryan had to be resuscitated after he was born and throughout the following day suffered seizures. Dr Powell and the Health Service Executive (HSE) – acting on behalf of St. Joseph´s Hospital – denied responsibility for Ryan´s injuries and the Brennans claim for cerebral injury compensation on the grounds of negligence, breach of duty and breach of contract However, Ms Justice Mary Irvine at the High Court in Dublin was told that an interim compensation settlement of 1.7million €uros had been agreed with the HSE without admission of liability to provide for Ryan´s immediate care and that the claim against Dr Powell could be struck out. After approving the interim compensation settlement, Ms Justice Mary Irvine adjourned the case for two years to allow reports on Ryan´s future requirements to be conducted and to allow time for the possible introduction of a periodic payment system to replace the current lump sum system of paying compensation for catastrophic injuries.

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Out of Court Settlement in Claim for Child Sport Injuries Compensation

A claim for child sports injuries compensation, which was made on behalf of a twelve-year-old boy who suffered brain damage after being hit by baseball, has been resolved out of court for 14.5 million dollars. Steven Domalewski (now 18) from Wayne in New Jersey was playing in a Police Athletic League baseball game in 2006, when a ball he pitched was returned to him at speed by the opposing team´s batter and caught him in the chest. The impact of the ball, and the time between heartbeats when the ball hit him, caused Steven to go into cardiac arrest and by the time emergency services resuscitated him, Steven´s brain had been without oxygen for 15-20 minutes. The consequence of the freak accident was that Steven was severely brain damaged and, after seeking legal advice, Steven´s family made a claim for child sport injuries compensation – alleging that the metal baseball bat which had been used in the game was dangerous as it could hit a ball faster than wooden bats, and suing Little League Baseball who sanctioned the use of the bat, Hillerich and Bradsby – the manufacturers of the “Louisville Slugger” – and the national retailer of the metal baseball bat, The Sports Authority. All three parties denied liability for Steven´s injuries but after solicitors representing the Domalewski family had argued that Little League Baseball had limited the performance of metal bats to that of wooden bats in 2008, and that there had been an 80 percent reduction in injuries to pitchers as a result, the out of court settlement of Steven´s claim for child sport injuries compensation was agreed.

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Child Bicycle Injury Claim Settled Prior to High Court Hearing

A boy, who suffered a broken leg and head injuries in a cycling accident with a car, has been awarded 100,000 Euros in settlement of his child bicycle injury claim at Dublin´s High Court. Bartosz Zakrzewski (11) from Birr in County Offaly was involved in the accident in July 2010 as he cycled along An Coran Street in Birr on his three-wheeled bicycle. His bicycle was hit by a car with such force that he was thrown across the road – suffering head injuries and lacerations to his body while also sustaining a broken leg. Through his mother – Monika – Bartosz made a child bicycle injury claim against the driver of the car – Caitriona Kelly, also of Birr, County Offaly. Ms Kelly denied that she had been driving negligently or that she was liable for Bartosz´s injuries and, due to the potential amount of damages that could be awarded in a case of this nature, Bartosz´s child bicycle injury claim was scheduled to be heard at the Dublin High Court. However, at the High Court, Ms Justice Mary Irvine heard that an agreement had been reached that would see Bartosz receive 100,000 Euros without Ms Kelly having to make an admission of liability. Ms Justice Mary Irvine heard the circumstances of the claim and approved the award – stating as she did that she had sympathy for both the Zakrzewski family and Ms Kelly.

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