Child Injury Claims

A child of five, who cut her head in a fall at Hamleys Toy Store in Dublin, has had a negotiated settlement of fall in toy shop injury compensation approved in the Circuit Civil Court. Circuit Court President, Mr Justice Matthew Deery, heard that Brianna Healy from Ballinteer in Dublin was just two years of age when the accident occurred in the store at the Dundrum Shopping Centre in February 2009. Brianna´s father – Steven, through who the little girl made the claim for fall in toy shop injury compensation – told Mr Justice Matthew Deery that Brianna´s head had split open and she will be left with a permanent scar for the rest of her life. The judge also heard that a previous offer of 20,000 Euros had been declined by the family on legal advice, but they were happy to accept the revised offer of 27,500 Euros in compensation for fall in toy shop injury. Mr Justice Matthew Deery approved the settlement.

A record compensation settlement has been awarded to a ten-year-old boy who had made a compensation claim against uninsured parent after suffering devastating injuries in a car accident for which his mother was to blame. Cullen Kennedy from Loughrea, County Galway, made the claim through his grandmother against the Motor Insurers´ Bureau of Ireland following the events of 5th May 2008 when his uninsured mother veered across the road and into the path of an oncoming vehicle due to being distracted by her son on the way to taking him to school. Both Cullen´s mother and the driver of the other vehicle sustained minor injuries, but Cullen – who had been strapped into a bolster chair on the back seat – was catapulted into the windscreen and suffered terrible spinal injuries which left him a quadriplegic and requiring a ventilator to breathe. Ms Justice Mary Irvine heard at Dublin´s High Court that Cullen´s mother and grandmother have been caring for Cullen since his tragic accident with support from nurses and special needs assistants. Despite his debilitating injuries, Cullen suffered no mental impairment and was described in Court as a “lively and vivacious” child. Approving the record settlement of 11.5 million Euros, Ms Justice Mary Irvine said although the outcome of the compensation claim against uninsured parent was “excellent” and should meet Cullen´s lifelong care requirements, she was concerned that laws providing for periodic payment orders had not yet been introduced. Acknowledging that the government had significant issues to deal with elsewhere, she said “The reality is the courts don’t know when people are going to die,” and expressed concerns that catastrophically injured people could run out of funds to provide for their care if they lived longer than medical experts believed they would.

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 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 16-year-old boy who injured himself while climbing over a fence in a supermarket car park has had a child accident claim for compensation approved by the Circuit Civil Court. The settlement, €38,000, was awarded to Michael Hogan of Firhouse, Co Dublin, who was just 11-years-old at the time of the accident. Hogan sustained a V-shaped gash on his left thigh after being injured by a nail protruding from the fence. The owners of the car park, which is located at the Firhouse Shopping Centre, Colverton Limited, admitted liability. The settlement was approved by Mr Justice Matthew Deery and placed in court funds until Hogan reaches 18 years of age.

A three year old child had a severed fingertip claim for compensation settled for the sum of £16,700 at the Circuit Civil Court. The girl lost the tip of her fingertip in a nursery pushchair accident. Roisin Longo was two years of age when her fingertip was sliced off in the hinge of her MacLaren Techno XT while she was attending Mellow Spring Childcare Development Centre.. Staff at the crèche found the fingertip and packed it ice so that her mother, Ms Elaine Deans, could take Roisin to hospital and attempt to have the amputated fingertip sewn back on. However, as Circuit Court President Mr Justice Matthew Deery heard, the best efforts of surgeons could not prevent the tissue dying and the fingertip eventually falling off. After seeking legal advice, Ms Deans found out that the pushchair model had been recalled in the United States, and repair kits had been issued to customers due to acknowledged problems with the hinge mechanism. Even though the pushchair was manufactured in England, and conformed to UK and EU safety standards, Ms Deans filed a claim for product liability compensation against MacLaren Europe Limited, of Northampton, England. Without accepting liability, MacLaren Europe Limited had made a settlement offer of 20,000 Euros – a settlement offer which Roisin’s mother accepted and which Mr Justice Matthew Deery had pleasure in approving.

In a settlement, high among children’s bicycle accident claims, a six year old boy, who was accidentally knocked from his bike by a neighbour, has had a compensation award of £73,000 approved in the High Court. Cian Ryan was riding his bike along the road outside the home of his neighbour – Ms Kishwar Shafqat – in April 2009. Ms Shafqat accidentally knocked Cian off his bicycle while reversing her car out of her drive, causing him to sustain terrible injuries to his leg. In a case brought through Cian’s father, Eric, it was alleged that Ms Shafqat was negligent in how she had failed to keep a proper lookout as she was manoeuvring. There was no denial of liability and the case had been brought before Mr Justice Nicholas Kearns for assessment of damages. Before approving the compensation payment, the judge heard that Cian currently walks with a limp due to the accident and had suffered recurring nightmares about the event. Discovering that Cian was a Manchester United fan, the judge made it an additional condition of the settlement that £836 was set aside so that Cian and his family could visit Old Trafford to watch his favourite team in action.

A young girl, who was bitten by a dog during a family holiday, has had a compensation settlement of £4,600 approved in the Circuit Court by Mr. Justice Matthew Deery. The court heard how Ciara Hill (12), was a guest at a hotelin July 2007, when she was attacked and bitten by a dog owned by the hotel. In the action against FTP Hotel Limited, Ciara was represented by her mother, who explained how her daughter – who was just eight years old at the time – was traumatised, shocked and upset by the incident. Approving the compensation settlement, Mr. Justice Matthew Deery said that Ciara´s physical injuries had not been significant and that they had healed quickly. All settlements involving children under the age of 18 years have to be approved in court before payment can be paid, even when a settlement agreement has been previously reached by the claimant and the defendant. The type of court which hears the case will depend on the value of the compensation.

A seven year old girl, brain damaged at birth due to a delayed delivery, has had an initial child brain damage from injury claim settled for a sum of £1.6m in the High Court by Mr Justice John Quirke. Brid Courtney is unable to speak, is confined to a wheelchair and only able to communicate by using facial expressions. She took the action against the Health Service through her mother, Mrs Deirdre Courtney. It was claimed that at the time of Brid’s birth in February 2003, nursing staff at hospital failed to act when there was a sudden and dramatic change in her foetal heart rate pattern. When labour was induced and the baby delivered following almost an hour’s delay, Brid was unable to breath and an emergency team of doctors had to resuscitate her. She was subsequently diagnosed as suffering from cerebral palsy. The court was advised that despite being completely dependent on her parents, Brid was a “joyous, happy child” and was intellectually sound with a normal IQ of 106. Even though her profound physical disabilities will stop her from enjoying a normal childhood and shorten her expected lifespan, the court was told that Brid “communicates in a humorous way with everybody around her”. The settlement was reached without admission of liability by the Health Service, and was made under the new “periodic payments system” which means that the case will return to the High Court in November 2012 to determine how much Brid’s family should receive to fund her future care. Again, she will be represented by her mother and, as is the case with all child injury claims, have to have any compensation settlement approved by court. As he was officially approving the compensation settlement, Mr Justice John Quirke praised Mr and Mrs Courtney for the years of care they had given their daughter. He told the court: “It’s very inspiring to the rest of us to see what you’ve done. It really is remarkable.”

An award has been made to a young boy in a child injured on bouncy castle claim. Sam Harris , then aged 11, was brain damaged when a boy of 15 kicked him in the head during a somersault. The incident two years ago has left Sam Harris needing constant care.  The resulting child accident injury compensation claim has led to a €1.2 Million compensation payment. A case was taken by Janet and David Harris against the parents (Catherine and Timothy Perry) who had hired the bouncy castle on the basis of poor supervision, especially allowing older children by younger children.  The judge ruled on the question of liability by stating that “The risks of a damaging collision are manifestly enhanced by mixing children of different sizes.” The household insurance policy of Catherine and Timothy Perry will pay the compensation award. The legal action was considered something of a landmark case in the UK because it sets the precedent that the person hiring a bouncy castle is liable for injuries suffered by children using the bouncy castle. A recent child injured on a bouncy castle claim in Ireland involved a five-year old girl that broke both wrists on an inflatable slide when she collided with a woman sitting at the bottom of the slide.  A leisure centre in was ordered in the High Court to pay 20,000 euro in damages.

A young boy, who lost his right leg in an accident on a Waterford farm, has had a 1.28 million Euros settlement of compensation for amputated leg approved at Dublin´s High Court. TJ Kearns (17) from Viewmount, County Waterford, was just nine years of age when he lost his leg in April 2001 in an accident on his uncle´s farm. As he was riding in a tractor, driven by an adult, TJ got his right leg tangled in the power harrow that was attached and, although emergency services rushed him to hospital, his injuries were so severe that the leg had to be amputated. Mr Justice John Quirke at Dublin´s High Court heard that TJ spent many months at the National Rehabilitation Centre in Dun Laoghire and, although described as having responded well to the treatment, TJ now relies on an artificial leg to get around. Liability for the injury had been admitted by TJ´s uncles and the amputated leg claim was before him for approval of compensation only. Having heard TJ´s story, Mr Justice John Quirke said that he had “no hesitation” in approving the 1.28 million Euros settlement of compensation for amputated leg and added that “no money could compensate TJ fully for what he had suffered”.

A boy, who sustained a painful injury when a slab of marble fell from a fireplace mantelpiece, has been awarded 9,500 Euros after his claim for injured foot compensation was heard in the Circuit Civil Court. William Corrigan-Hayden (8) of Tallaght, County Dublin, made the claim for injured foot compensation through his parents against the constructer of the fireplace, Liam Heeney, from Lucan, County Dublin. The court heard that although William´s injury was painful at the time, it had now healed completely. A settlement of 9,500 Euros for William´s claim for injured foot compensation had been agreed between the parties, and the compensation for injured foot settlement received approval.

A young child, who suffered severe brain damage when his mother drove an uninsured car into a wall, has been awarded 2.9 million Euros following a High Court hearing. Ben McHale, now four years of age, from Clonmel, County Tipperary, was just an infant when the accident occurred in April 2006. Ben´s mother, Disislave McHale, was driving an uninsured vehicle owned by his father, Marcus McHale, when she suffered a blackout at the wheel and drove into a wall. Ben, who was seated in the rear seat at the time, suffered severe brain damage and was blinded as a result of the accident. At the High Court in Dublin, Mr Justice John Quirke heard that Ben had made a brain injury compensation claim against his parents and the Motor Insurers´ Bureau of Ireland through his uncle, William McHale, acting as his “next friend”. As liability was not contested, a settlement of brain injury compensation had been agreed where Ben was to become a ward of court and compensation in the amount of 2.9 million Euros was to be paid into court for his upkeep and to pay for stem cell surgery in Dusseldorf to improve his brain development. Ben´s legal counsel informed Mr Justice John Quirke that Ben´s life expectancy was likely to be limited to 21 years and the judge approved the settlement – at the same time extending his sympathy to the family for the unfortunate circumstances.

A school girl, who cut her foot on a broken plastic drain in the showers of a public swimming pool, has had the settlement of her swimming pool foot injury claim approved in the Circuit Civil Court. Hollie McNevin from Walkinstown Park, Dublin, was just nine years of age when the accident happened in the showers of the Templeogue College Pool, Templeville Road, Dublin. Hollie slipped in the showers, cutting her foot on the drain and had to have eight stitches in the wound. Hollie´s parents made a swimming pool foot injury claim for compensation on Hollie´s behalf and in the Circuit Civil Court Judge Joseph Matthews heard that, due to her injury, Hollie now had a scar on her foot which was likely to be permanent. The judge also heard that liability had been accepted and an offer of 25,000 Euros in swimming pool foot injury compensation had been made to Hollie – which the family was prepared to accept. The judge subsequently approved the compensation settlement.

Two children, who suffered an emotional trauma while on a family vacation in Lanzarote, are each to receive 6,500 Euros holiday compensation for psychological injury from the travel company through whom the family booked their holiday. The unnamed children were sleeping in their Los Orquideas apartment in Puerto del Carmen when intruders broke in at 3.00am. One of the intruders went into the children´s bedroom brandishing a long screwdriver and terrified the two children – who were aged eight and five at the time of the break-in in May 2002. The intruders escaped with 1,600 Euros in cash, 12,000 Euros worth of jewellery, passports and a credit card. The parents of the children claimed injury compensation from Budget Travel on the basis that the company had failed to provide them with secure accommodation and, in a separate hearing at the Killarney Circuit Court obtained holiday compensation for psychological injury of 28,400 for their own loss of property and emotional trauma. The compensation settlement for the two children was delayed to assess the extent of the psychological injury, but now their own settlements have been approved by a judge.

A Baltimore City brother and sister have recently been awarded €2m in a toxic lead poisoning case for their exposure in a West Baltimore house that was sold to the family as safe from lead paint by a nonprofit organisation called City Homes. The charity pointed out that the home cleared city lead inspections before and after the siblings had lived there and also that the charity had been responsive to all of the claimant’s concerns. However, experts testified that the house was not completely “lead safe” and that both siblings have below average IQs as a result of lead paint poisoning. The jury heard evidence that there had been efforts to minimise the possibility of lead paint exposure, that there was paint chipping and flaking on surfaces, that rats had chewed at the walls and had brought lead dust through the house. Lead paint was outlawed in 1978 in the United States by the U.S. Consumer Product Safety Commission.  Lead paint poisoning can cause severe and permanent brain damage and developmental issues in children, nervous system injury seizures or convulsions, growth or mental retardation, and comas. In extreme cases, it can lead to death.

A teenage girl, who received a powerful electric shock from a poolside shower while she was on holiday in Kenya, is to receive 27,100 pounds in electric shock compensation from the travel firm through which the holiday was booked. Alexandra Miles (15) from Maidstone in Kent was on holiday with family at the Kilifi Bay Resort in April 2005, when she put her hand on the switch to turn the shower on and received a 240 volt electric shock which left her temporarily paralysed. Investigations into how Alexandra temporarily lost all feeling in her left arm and right leg revealed that power cables ran underneath the metal shower tray, and that Alexandra completed the circuit when she turned the switch while standing in the tray. Alexandra´s mother sought personal injury compensation on behalf of her daughter from First Choice Holidays – the company through which the family had booked their holidays – and, in an out-of-court settlement, First Choice Holidays agreed to pay 27,100 pounds in electric shock compensation to Alexandra.