Monday , October 21 2019

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.

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.

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.

Birth Injuries Obstretic Negligence Claim Resolved in Court

The family of a young female who suffered brain damage injuries at her birth due to hospital errors have had their birth injuries obstretic negligence claim resolved at the High Court in Dublin.

Alex Butler, now eight years old, from County Waterford, was born at the Waterford Regional Hospital in April 2005; however, due to the hospital not having an adequate number of properly skilled competent medical staff to deal with the Alex’s birth, and to ensure that an adequate and competent obstetrician was on duty available, Alex’s delivery was delayed by twelve minutes – during which time she suffered brain trauma which led to permanent tetraplegic injury.

In a claim take, on her behalf, through her mother Sonya, Alex alleged that her consultant obstetrician had been allowed to take leave at the same time as Waterford Regional Hospital’s two other obstetricians and that the hospital had temporarily employed a locum obstetrician without ensuring that he was competent. ALong with this it was claimed that Sonya´s pre-operative assessment was insufficient and there was a failure to recognise the necessity for a Caesarean section.

The High Court was advised that the Health Service Executive (HSE) admitted liability for Alex´s brain injuries, and the claim for birth injuries due to a lack of staff made against the consultant obstetrician – John Bermingham – and locum obstetrician – Mahmud Khbuli – were thrown out of court. A representative from Waterford read out an apology for the mismanagement of Alex’s birth and accepted that the mistakes should never have happened.

The Court also heard that an interim compensation settlement of Alex´s claim for birth injuries due to a lack of staff amounting to €1.4 million had been agreed upon between the HSE and Alex´s parents. The birth injuries obstretic negligence claim settlement is to be reviewed again in two years when an assessment of Alex´s care needs for the future has been made, and by which time it is hoped that the option of a structured settlement is available.

Hotel Employee Door Injury Claim Settled in Court

A cleaning worker at the Rivercourt Hotel in Kilkenny, who lost part of her small finger when it was cut by a door slamming shut on it, has settled her hotel employee door injury claim in the High Court.

Aneta Antoszcsyk (35) made her hotel employee door injury claim for compensation after losing the tip of her little finger on her left hand in a freak occurence.

While Aneta was taking away a wooden door stop, which was keeping a door open, the door slammed shut with such force that it severed the top of her finger.

Sadly it was not possible to reattach the removed tip of the finger and Aneta – who was seven months pregnant at the time of the incident in April 2011 – will be left with a permanent disfigurement.

Having spoken to a solicitor regarding the incident, Aneta made a claim for hotel employee door injury against Gatehalf Limited (trading as Kilkenny Rivercourt Hotel) alleging that, as her employers, the company had neglected to provide her with a safe workplace environment or safe system of work and had exposed her to the possibility of injury.

It was claimed in the hotel worker finger injury claim that Aneta had never been guided or trained properly on the safe removal of door stops and that – as she was seven months pregnant – she should have had the assistance of a colleague for the task in question.

The Kilkenny Rivercourt Hotel did not accept liability for Aneta’s injury – alleging that she had contributed in whole or in part to her injury by putting her hand in an unsafe location while removing the door-stopper and displayed a lack of regard for her own safety on this occasion based on her previous experience of carrying out the same task.

However, Mr Justice Iarfhlaith Ó Neill ruled in Aneta´s favour – stating that she had “sustained a most unfortunate injury” due to the negligence of her employers – and awarded her €50,000 in settlement in her hotel employee door injury claim.

Electric Shock Accident at Work Compensation Claim Resolved Out of Court

A Dublin Airport baggage handler, who experienced two subsequent electric shocks when trying to connect a power cable line to a Boeing 737, has resolved his electric shock accident at work compensation claim out of court.

Patrick Kemmy (39) from Blanchardstown in Dublin filed the compensation claim after experiencing a work injury while trying to link the electric cable to the jet in April 2009. At first Patrick felt it was caused by something that he had not done properly which led to the first electric shock, but on a second effort he received an even greater electrical shock.

The work accident at Dublin Airport left Mr Kemmy suffering from a tingling sensation in his right arm – which still causes pain intermittently almost four years after the initial event – chest pains, headaches, shortness of breath and neck pains. Due to the injuries he suffered in the accident, Patrick has been unable to work nine or ten times.

In his legal action, he claimed that his employers Servisair and the Dublin Airport Authority had directed him to use an electrical power cable which had not been sufficiently protected against the water which, as there was rain at the time, led to the electric shocks.

Liability for Patrick´s injuries was denied by Servisair and the Dublin Airport Authority but, shortly before the compensation claim for an electric accident at work was to be heard at the High Court, officials were told that the claim had been settleed out of court.

How much electric shock accident at work compensation Patrick received was not revealed.

Travelator Compensation for Fall on Moving Walkway

A female who caught the heel of her shoe in a hole on a travelator in a Dublin shopping centre has been awarded €13.150 in travelator compensation for a fall on a moving walkway after a hearing at the Circuit Civil Court.

Nuala Holloway Casey (60) from Blackrock in Dublin claimed for shopping centre compensation against Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited, travelator and escalator fitters, of Ballymount, County Dublin, after being inflicted with an ankle injury at the Superquinn Shopping Centre in December 2007.

Judge Barry Hickson in the Circuit Civil Court was informed that in December 2007, Nuala hit the ground badly after she caught her high heel shoe in a hole at the top to a descending moving walkway – damaging her left ankle. The court was told that she still felt pain in the ankle and had no choice but to give up playing tennis because of the injury.

As liability in the case had already been accepted by the by the joint defendants the only argument remaining was the final amount of compensation to be awarded for a fall on a moving walkway. This was in dispute as Ms Holloway Casey had failed to seek medical treatment for 10 days after the incident occurred and exacerbated her injury by a separate fall in 2009.

After reviewing the medical testimony in support of the compensation claim, Judge Hickson awarded the former Miss Ireland €12,000 supermarket travelator compensation for the fall on the moving walkway plus a separate €1,250 to make up for the costs she had incurred which were directly attributable to her accident.

Boxer´s Taxi Accident Whiplash Claim Resolved in High Court

A champion boxer has been awarded 26,000 Euros in settlement of his taxi accident whiplash claim following a hearing in the High Court.

David Maguire (35) from Clondalkin in Dublin sustained his injuries when a taxi he was travelling in was rear-ended by an unidentified vehicle in at the junction of Ballyfermot Road and O’Hogan Road, Dublin, on March 26, 2010.

In his action against the Motor Insurers´ Bureau of Ireland (MIBI), Maguire claimed that as a result of the impact he suffered injuries to his lower back and neck however, at the High Court in Dublin, Mr Justice Nicholas Kearns said there was “no merit” to his claim that he suffered injuries to his neck.

Highlighting the fact that there was no reference made to Maguire sustaining any neck injury in a report prepared by his GP following the accident, Mr Justice Nicholas Kearns also pointed out that in the months after the accident Maguire went on to win the Leinster heavy weight boxing championship and competed in the All Ireland championships.

However, the judge conceded that Maguire was entitled to taxi accident whiplash compensation for the injuries he had sustained to his lower back and acknowledged that Maguire had fought through the pain at the Leinster boxing championships in his attempt to become a professional boxer.

Hearing that liability for the taxi accident whiplash claim was not being contested by the MIBI, and that the case was before him for assessment of damages only, Mr Justice Nicholas Kearns awarded Maguire 26,000 Euros in compensation for whiplash from a taxi accident plus the costs of bringing his action – adding that he wished him well in his bid to become a professional boxer.

Compensation for Late Diagnosis of Brain Tumour Approved in High Court

A young student, who was left severely disabled after an alleged delay in diagnosing a tumour, has had a settlement of compensation for the late diagnosis of a brain tumour approved at the High Court.

Seamus Walshe Jnr (27) of Taylor´s Hill, Galway, was a third-level construction studies student when – in 2006 – he started experiencing problems with his eyes when gazing upwards. His symptoms deteriorated to include nausea and vomiting and, when Seamus attended the Galway University Hospital, he was told after a neurological examination that there was no problem.

Seamus´ symptoms continued and, as the tumour in his brain grew and spread into surrounding tissues, he experienced increasing levels of pain and discomfort. After a subsequent scan at Galway University Hospital revealed the tumour, Seamus was referred to the Beaumont Hospital in Dublin where he underwent surgery in May 2007.

However, complications during surgery resulted in haemorrhaging around the brain tumour and Seamus was in intensive care for nine weeks after his operation. Eventually he was transferred back to Galway University Hospital in November 2007 and then to the National Rehabilitation Centre in September 2008 – by which time Seamus was confined to wheelchair, had severe spasticity of the limbs and severe disorder of eye movements.

Through his father – Seamus Walshe Snr – Seamus made a claim against the Health Service Executive and the Beaumont Hospital for compensation for the late diagnosis of a brain tumour, alleging that had scans been ordered when he first attended the Galway University Hospital, he would have been referred to the Beaumont Hospital much sooner.

It was also claimed that the Beaumont Hospital had elected to perform surgery rather than treat the tumour with radiotherapy and chemotherapy although the latter treatment had long-term survival rates of up to 90 percent.

Ms Justice Mary Irvine at the High Court was told that a settlement of compensation for the late diagnosis of a brain tumour amounting to 2.5 million Euros had been agreed without admission of liability to cover Seamus´ care for the next three years. Thereafter periodic payments would provide for Seamus´ care should legislation be introduced in time.

Ms Justice Mary Irvine approved the settlement but stated there was no guarantee that periodic payments legislation will be introduced within three years as there has been a “deathly silence” from the Government on the matter.

Waiter Makes Back Injury Claim against Slieve Russell Hotel

A former employee of the Quinn family-owned Slieve Russell Hotel , who was allegedly injured while stacking trays onto a trolley, has made a waiter back injury claim for compensation against the hotel and its parent company.

Mr Justice Sean Ryan at the High Court heard how Robert Miloch, from Ballyconnell, County Cavan, had been squatting down to place trays onto a trolley when he heard a click in his back and started to feel a pain running from his back to his leg.

After being told to go home and see his doctor, Mr Miloch was diagnosed with a lumbar back injury which prevents him from sitting for long periods of time, maintaining certain positions and picking up his nine-month-old baby.

The court was also told that an MRI scan taken of Mr Miloch´s back revealed two discs putting pressure on a nerve and, as a result, he was advised not to return to work by his doctor. Mr Miloch has been unable to work since the injury was sustained in April 2010.

After seeking legal advice, Mr Miloch made a waiter back injury claim against the Slieve Russell Hotel and Quinn Hotels Limited, alleging that he had sustained his injury due to the hotel´s negligence.

Both defendants deny their liability for Mr Miloch´s injury and it was claimed in court that the claimant´s back injury could have been exacerbated by a rear-end collision he experienced in October 2010. It was also claimed that Mr Miloch´s doctor had described the fact that his patient could move in one position but not another as “paradoxical”.

The case is ongoing.

Family to Receive Compensation for Fatal Birth Medical Negligence

A family from Castlebar in County Mayo is to receive 850,000 Euros in compensation for fatal birth medical negligence following a High Court hearing.

Padraic Flanagan (43) made the claim for fatal birth medical negligence compensation following an inquest into the death of his wife – Evelyn – who died while giving birth to her second child at the Mayo General Hospital in October 2007.

Although an initial post-mortem determined that Evelyn´s death was possibly attributable to an amniotic fluid embolism, the family criticised the findings and claimed that the deterioration in her condition after the birth of her child was due to an avoidable postpartum haemorrhage due to a rupture of Evelyn´s uterus which was not detected or adequately dealt with.

The inquest into Evelyn´s death in 2009 returned a verdict of death by medical adventure, after which Padraic Flanagan made the claim for fatal birth medical negligence compensation against the Health Service Executive and consultant obstetrician, Dr Murtada Mohamed. Both the Mayo General Hospital and Dr Mohamed denied their liability for Evelyn´s death, but her widower persisted with his action.

Shortly before Padraic´s claim was to be heard in court, Mayo General Hospital eventually admitted during pre-trial mediation that Evelyn´s death could have been prevented with greater care. The case continued to the High Court for assessment of damages and, after hearing the circumstances of Evelyn´s death, Mr Justice Michael Peart awarded the family 850,000 Euros in compensation for fatal birth medical negligence against the Health Service Executive. The claim against Dr Mohamed was struck out.

Elevator Accident Compensation Claim Resolved in Court

A woman, who sustained debilitating physical and psychological injuries after a lift she was travelling in fell twenty-three floors, has been awarded over 13 million dollars after her elevator accident compensation claim was heard by a court in Florida.

Janice Beasley (41) from Jacksonville, Florida, was descending alone in the elevator at her workplace in May 1999 when it fell from the twenty-third floor to the eighth. While Janice remained trapped and injured in the elevator, an engineer was called. However, rather than free Janice from the elevator, the engineer attempted to get it to move – causing it to fall to the basement of the building.

Janice suffered a series of terrible injuries in the elevator accident – ranging from partial paralysis of her left leg to complex regional pain disorder. She was also diagnosed with chronic depression, Conversion Disorder and Post Traumatic Stress Syndrome. Confined to a wheelchair and unable to work, Janice made a claim for elevator accident compensation against both the owners of the building and the elevator maintenance company.

The elevator maintenance company denied liability for Janice´s injuries and delayed the trial for almost ten years while the company argued one complex legal point after another. Eventually the case went to trial in Duval County Courthouse and, after two weeks of presentations, the jury found in Janice´s favour and awarded her 13,188,000 dollars in respect of her elevator accident compensation claim.

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.

Claim for Symphysiotomy Compensation Upheld in Supreme Court

The Supreme Court has upheld a claim for symphysiotomy compensation which resulted in an award of 450,000 Euros in March this year, but reduced the award to 325,000 Euros.

The original claim for symphysiotomy compensation was made by Olivia Kearney (60) from Castlebellingham, County Louth and was heard in the High Court in March in front of Mr Justice Sean Ryan. At the time, Mr Justice Sean Ryan found in Olivia´s favour, and ruled that a symphysiotomy procedure which had been performed in 1969 after the successful delivery of Olivia´s son by Caesarean Section had been unjustified.

The judgement was appealed by Our Lady of Lourdes Hospital in Drogheda on the grounds that the symphysiotomy procedure was medically and ethically justified at the time. The hospital claimed that, in 1969, there were many clinicians who shared the same views on symphysiotomy as Dr Gerard Connolly – the obstetrician who had performed the unnecessary symphysiotomy when Olivia was just eighteen years old.

However, the five-judge Supreme Court unanimously upheld Olivia´s claim for symphysiotomy compensation, with Mr Justice John MacMenamin – announcing the Supreme Court´s decision – stating “the procedure was wrong, even by the standards of the time” and that “it was unfathomable by today’s standards and even by those of 1969 had no justification whatever”.

The verdict of the Supreme Court ends a ten-year legal battle for Olivia, who only found out that she had undergone the procedure after listening to a radio program in 2002. Explaining the reason behind the reduction in the award of symphysiotomy compensation, Mr Justice John MacMenamin acknowledged that Olivia had endured very serious injuries, but they had not resulted in a total inability to live independently, to work, or to engage in any form of meaningful social life.

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.

Compensation for Slip in Argos Store Awarded in Court

A customer, who slipped on a discarded baby wipe in Argos and damaged his shoulder when he fell, has been awarded 17,500 Euros in injury compensation for a slip in Argos at the Circuit Civil Court in Dublin.

Declan Conroy from Dublin had been shopping at the Henry Street branch of Argos in May 2008 when his accident happened. While queuing at the counter to order a lawnmower for his mother, he slipped on a baby wipe which had been discarded on the floor and fell – injuring his shoulder on the floor.

After receiving medical attention, Declan made a claim for compensation for a slip in Argos against the store – claiming that their system of monitoring the store for potential hazards was inadequate and he had sustained an injury as a result.

Argos denied liability for Declan´s injury; claiming that CCTV footage revealed the presence of the baby wipe just six minutes before Declan´s accident and arguing that staff could not possibly be required to constantly monitor the floor for hazards in a historically low-risk store.

However, Judge Jacqueline Linnane at the Circuit Civil Court heard a forensic engineer – appearing on Declan´s behalf – testify that, because of the extra footfall in the queuing area, a greater level of vigilance should be applied. It was also revealed in court that five minutes before the baby wipe first appeared on camera, CCTV footage showed a woman manoeuvring a baby buggy through the area.

Judge Jacqueline Linnane determined that, on the balance of probabilities, it was the woman with the baby buggy who had dropped the baby wipe and, as more than ten minutes would have passed between the hazard being present and Declan sustaining his shoulder injury, she was finding Argos liable. She awarded Declan 17,500 Euros compensation for a slip in Argos injury plus costs.

Insurers Ordered to Pay Damages for Rear-End Accident Claim of Collusion

A judge at Dublin´s Circuit Civil Court has ordered insurance company AXA to pay a claimant aggravated damages after the company made allegations of collusion in defence of a claim for rear-end injury compensation.

Mr Justice Matthew Deery imposed the order after the company and their client – Gary Reilly, of Ballyfermot, County Dublin – failed to pursue allegations of collusion against claimant James O’Sullivan, of Clane, County Kildare following a rear-end accident which occurred in Eirhouse in County Dublin in September 2008.

The judge heard how an affidavit had been sworn on behalf of AXA insurance company and Reilly alleging collusion between O´Sullivan and another defendant in the case, but the claim was not pursued in the hearing – prompting Mr Justice Matthew Deery to criticise the manner in which the two defendants had defended the claim.

He ordered the insurance company and Reilly to jointly and severally pay O´Sullivan 3,000 Euros damages for their rear-end accident claim of collusion in addition to the award of 7,750 Euros for whiplash injury which was made against the AXA insurance company.

Luas Accident Injury Compensation Approved in Court

A man, who was hit by a Luas tram as he was crossing the Naas dual carriageway to catch a taxi, has had a negotiated settlement of Luas accident injury compensation approved in the High Court.

Derek Cross (52) from Clondalkin in Dublin was crossing the road to the taxi stop by the Red Cow Hotel when the accident happened on 15 September 2007. Having enjoyed an evening drinking with friends at the Bluebell United Football Club, Derek was hit by the Luas tram travelling from Kylemore to the Red Cow stop despite the driver applying the emergency brakes.

Derek sustained several broken ribs and a traumatic brain injury in the accident which have prevented him from working for the past five years and has forced him to use crutches if he travels any distance. After seeking legal advice, Derek made a claim for Luas accident injury compensation on the grounds that he was lawfully crossing the road and that the operators of the Luas tram service, the Railway Procurement Agency and Veolia Transport (formerly Connex Transport) had failed to provide proper signage and safe passage when crossing over tram lines.

The defendants disputed the claim, alleging that Derek was intoxicated at the time and had contributed to the cause of his injuries by his own lack of care. However, as Ms Justice Mary Irvine heard at the High Court, an offer of settlement amounting to 650,000 Euros had be made to Derek for his Luas accident injury claim, and the case was before her for approval of the settlement only.

Stating that the out-of-court agreement was a good one in light of the circumstances, and that Derek´s Luas accident injury compensation claim was not guaranteed to succeed if it was presented at court, Ms Justice Mary Irvine approved the settlement.

Compensation for Injury due to Unsafe Lorry Awarded to Bin Man

A waste disposal lorry driver, whose spine was crushed following a crash due to the front wheel of his vehicle collapsing, has been awarded 11.4 million dollars in compensation for injury due unsafe lorry at the U.S District Court for the Northern District of California.

Raymond Mariolle (46) from Brentwood, California, had driven waste disposal lorries for Waste Management Co. for more than twenty years prior to his accident in 2007. On the day in question, the court heard that Raymond was driving his lorry near the Livermore airport when the front right hub of the vehicle broke – causing the front right wheel of the lorry to detach and sending the 55,000 pound vehicle crashing to the ground.

As a result of the accident Raymond sustained a compression injury to his spine for which he has already undergone three operations and has more scheduled for the future. Raymond has to take strong painkillers to cope with the pain of his injuries and has unsuccessfully attempted to return to work in a non-driving capacity.

After seeking legal advice, Raymond made a claim for compensation for injury due to unsafe lorry against the manufacturer of the vehicle – Volvo Trucks – the hub maker – Consolidated Metro – and the company that had modified the vehicle – Wittke Manufacturing – claiming that all three companies had known since 2004 that the aluminium hubs used in the vehicle´s modification were inadequate for the weight placed on them.

The three defendants claimed that the hub had only broken due to the excessive amount of rubbish collected by the waste company and that Raymond had a pre-existing back condition which was only exacerbated by the accident. However, Raymond´s solicitor was able to produce evidence that engineers at Consolidated Metro had acknowledged the existing hubs were not sufficiently strong for the loads put on them and that alternatives should be used in the future.

The jury at the U.S District Court for the Northern District of California found in Raymond´s favour, and awarded him 7.5 million dollars in general damages for the pain and suffering he had experienced with a further award of 2.4 million dollars in special damages for lost wages and medical costs. The jury also awarded Raymond´s wife – Regina – 1.5 million dollars for loss of marital and family relations. Liability was divided between all three defendants with Consolidated Metro being assigned 52 percent of the blame and 30 percent on Volvo Trucks.

Compensation for Nightclub Injury Awarded by Court

A man who was shot in an unprovoked attack in a Washington DC club has been awarded 673,000 dollars in compensation for a nightclub injury by a court in the United States.

Singer Jamel Williams (26) of Baltimore, Maryland, was shot at the Island Café Restaurant nightclub in March 2008 by an unknown attacker after finishing a performance at the popular venue. While standing with friends at the bar, an unidentified man approached Jamel and fired one shot at him. The shot passed through Jamel´s outstretched hand and lodged in his head.

Judge Craig Iscoe at the Superior Court of the District of Columbia heard that doctor´s were unable to remove the bullet due to its location and the risk to life that such an operation would present. He was also told that despite the nightclub having been warned of the risk of violence due to multiple violent crimes having been committed in the neighbourhood, no additional security had been hired to protect guests and performers at the club from risk of injury.

The judge agreed with Jamel´s legal representatives that the Island Café Restaurant had been negligent in allowing an armed man entry to the club and approach Jamel and awarded the singer 650,000 dollars compensation for nightclub injury for the pain and suffering he had experienced at the time of the shooting, plus special damages amounting to 23,172 dollars in respect of Jamel´s medical expenses.

Fall in Toy Shop Injury Compensation Approved for Five-Year-Old

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.

Compensation for Overseas Road Traffic Injury Resolved in Court

In a landmark ruling at the High Court, compensation for overseas traffic injury was determined applying judicial discretion rather than the Book of Quantum for the country in which the injury was sustained.

The case in which the judgement regarding compensation for overseas road traffic injury was made concerned Peter Kelly (75) of Ranelagh, Dublin, who in June 2009 was run over by a maintenance van belonging to the municipality of Cannes while on holiday in France. Peter fractured his hip in the overseas road traffic accident and, in 2011, had to undergo a hip replacement operation.

Although the municipality´s insurers – Groupama – accepted liability for Peter´s injuries, the company argued that the compensation for overseas road traffic injury should be resolved according to the French Book of Quantum rather than that of Ireland which awards significantly higher levels of personal injury compensation.

Accepting the argument, Mr Justice Iarfhlaith O´Neill at the High Court, applied the methodology that would be used in a French court to determine how much compensation for overseas road traffic injury Peter should receive, but added a considerable amount of damages to compensate Peter – who had enjoyed a high level of physical activity prior to his accident – for his loss of amenity.

The judge noted that although any figures quoted in the French Book of Quantum could be considered a viable guide, it did not restrict a judge in determining how much compensation for overseas road traffic accident should be awarded in total. Consequently, and including 24,267 Euros which had already been agreed in special damages, Mr Justice Iarfhlaith O´Neill awarded Peter 88,167 Euros in compensation for overseas road traffic accident rather than the 62,773 Euros he would have received had his damages been assessed in France.

Compensation for Workplace Injuries in Ireland Decline in 2011

The value of compensation for workplace injuries in Ireland declined in 2011 according to statistics released last week by the Injuries Board to coincide with “World Day for Health and Safety at Work”.

The figures showed a drop in compensation for workplace injuries in Ireland assessed by the Injuries Board from 25.1 million Euros in 2010 to 22.5 million Euros in 2011. Injuries sustained due to slips, trips and falls in the workplace, manual handling and defective equipment – particularly in the manufacturing industries – continued to account for the majority of workplace injuries in Ireland.

However, Patricia Byron – chief executive of – was quick to point out that the decline in compensation in workplace injuries in Ireland only mirrored the decline in the Irish workforce. “While our figures point to a downward trend in the number of claims for workplace accidents,” she said “the main driver for this is a contracting workforce rather than any notable advances in workplace health and safety programmes.”

Ms Byron continued “We are continually surprised by the volume of such foreseeable and preventable claims. We understand that businesses today are under constant pressure to drive efficiencies, often operating with scarce resources, but cutting corners on employee safety is a cut too far. We are continually surprised by the volume of such foreseeable and preventable claims.”

Compensation for Pub Door Arm Injury Awarded in Court

A man who suffered nerve damage when a door fell from its hinges and onto his arm has been awarded 35,000 Euros in compensation for pub door arm injury in Dublin´s Circuit Civil Court.

The court heard how Radoslaw Wojtkow (31) of Dundrum, Dublin, had been exiting The Living Room pub on Cathal Brugha Street, Dublin on May 27th 2009 when an emergency door which had been opened to allow customers to come in and out of the pub fell from its hinges and struck him on the arm.

A medical examination the following day showed no signs of a fracture but, as the pain in his arm continued, Radoslaw underwent a scan which revealed radian nerve damage. Radoslaw brought a claim for compensation for pub door arm injury against Murraywalsh Ltd trading as The Living Room but, as Mr Justice Matthew Deery at the Circuit Civil Court heard, the pub owners had declined to enter a defence to Radoslaw´s claim.

Mr Justice Matthew Deery was also told that a judgement against the pub owners had already been made and that the case was before him for assessment of damages. After considering the medical reports of Radoslaw´s condition, the judge awarded him 35,000 Euros in compensation for pub door arm injury.

Record Settlement for Compensation Claim against Uninsured Parent

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.

Car Crash Injuries Compensation Awarded by Court

A volunteer New York firefighter, who sustained terrible injuries when his car was in collision with a Ford works vehicle, has been awarded 1.275 million dollars by a court in Oneida County after his legal team rejected an initial offer of car crash injuries compensation from Ford´s insurers.

The jury at Oneida County Supreme Court heard how Paul Tully from Utica, New York, was driving past the NYE Ford facility in Oneida, New York, when a vehicle driven by Ford employee – Keith Chase – emerged from the manufacturing plant and crashed into him.

Paul sustained terrible injuries to his head and spine in the accident and spent a significant time recovering in hospital. The jury also heard that since the accident in 2009, Paul has been unable to return to work and still requires full-time care to assist with his day-to-day activities.

Liability for the accident was admitted by Keith Chase, who confessed to not looking left along Genesee Street as he pulled away from the Ford facility, and the jury was told that the case was before them for assessment of damages only after Paul´s legal advisors had rejected an offer of car crash injuries compensation amounting to 150,000 dollars.

After due consideration, the jury at Oneida County Supreme Court awarded Paul 1.275 million dollars – comprising of 675,000 dollars for the pain and suffering he experienced at the time of the car crash, 400,000 dollars in relation to medical expenses Paul and his family had already incurred and were likely to incur in the future, and 200,000 for future pain, suffering and loss of amenity.

Symphysiotomy Medical Negligence Compensation Awarded in High Court

A woman who underwent a needless symphysiotomy operation without her knowledge or consent has been awarded 450,000 Euros in symphysiotomy medical negligence compensation in Dublin´s High Court.

Olivia Kearney (60) of Castlebellingham, County Louth, was just eighteen years of age when she gave birth to her son at the Our Lady of Lourdes Hospital in Drogheda in 1969. While she was still anaesthetised following the Caesarean Section operation, Dr Gerard Connolly – the consultant obstetrician attending Olivia – performed a symphysiotomy procedure in which the cartilage between Olivia´s left and right pubic bones was cut to widen the pelvis.

Unaware that the procedure had been performed, Olivia suffered with back pain, incontinence and depression without knowing the reason why for more than thirty years. In 2002, Olivia was listening to a radio program in which the presenter was relating the experiences of women who had undergone the symphysiotomy procedure and the symptoms described in the radio program matched those which Olivia had suffered from all her adult life.

After obtaining her medical records and seeking legal advice, Olivia made a claim for symphysiotomy medical negligence compensation but, in 2006, Olivia´s claim was rejected by the High Court on the grounds that   “there would have to be expert evidence available on both sides to debate the appropriateness of the procedure carried out” and, as Dr Connolly had since died, the necessity for the symphysiotomy procedure could not be explained.

Olivia revised her claim for symphysiotomy medical negligence compensation, claiming instead that there was no justification in any circumstances for a symphysiotomy procedure to be carried out immediately after a successful Caesarean Section delivery – meaning that an explanation of whether the procedure was required “at that time and in those circumstances” was no longer relevant. The Supreme Court agreed with her argument and gave Olivia leave to reintroduce her claim.

At the High Court in Dublin, Mr Justice Sean Ryan heard that representatives of Our Lady of Lourdes Hospital could not produce evidence to explain why the unnecessary procedure was performed and, finding favour of Olivia, awarded her 450,000 Euros in symphysiotomy medical negligence compensation – stating that Olivia had suffered a lifetime of “pain, discomfort and embarrassment” due to the unnecessary symphysiotomy procedure.

Massive Rise in Hospital Compensation Settlements in 2010

According to details released by the State Claims Agency, it  has already paid out on fifth more in hospital compensation settlements during  the first eight months of the year compared with the calender year 2009.

The State Claims Agency had already paid hospital compensation settlements of €59.9 million up to August 2010, compared to the 2009 total hospital compensation settlement payments of €48 million.  At the current progression,  the Agency will make compensation settlements of almost €90 million throughout 2010.  This is an increase of almost 50% on the previous year.

Mary Harney, The Minister for Health, has revealed some measures to improve the safety of patients. Chief among these are draft healthcare standards formulated by the Health Information and Quality Authority (Hiqa), which has now begun a public consultation phase.

The Health Minster said that about 10% of hospital admissions encountered an ‘adverse event’, and about 1% of the these events would result in injury or death.  Commenting on the adverse events, the Minister Harney stated “Many of them are systemic failings and many of them are avoidable”.

However, as with the recent DePuy recall, it should also be noted out that though the rate of adverse events in HSE run hospitals is relatively high, the HSE is not always to blame.

Injury Claim for Being Kicked by Cow

A cattle drover is to receive damages in his injury claim for being kicked by a cow from his employer after the Supreme Court ruled that the employer had placed the injured employee at risk.

Mr. Patrick Lynch (53), had been one of a team of three cattle drovers who were employed by Co-operative Mart in October 2003 to herd cattle from a pen in the mart yard to a dividing pen prior to their entering the sales ring.

However, on the day that Mr. Lynch sustained his injuries, his two companions had absented themselves temporarily, and it was claimed in court that Mr. Lynch had to perform the two absent drovers’ tasks, as well as his own, which required him to enter the individual pens while they were occupied by animals.

When Mr. Lynch was moving through the animal pen to open a gate, the court heard how a Limousin bullock delivered a direct kick to Mr. Lynch’s groin, causing significant trauma to the scrotum and giving rise to a haemorrhage which caused damage to his right testis. Mr. Lynch was subsequently taken to hospital for medical treatment.

The court ruled that, although a safe procedure of work was in place when all three drovers were present, there was no system of supervision by the employer. As the improper absence of the other two drovers exposed Mr. Lynch to danger, Co-operative Mart was liable for his injuries.

The action has now been referred to the High Court for the assessment of damages.

School Sports Injury Compensation Awarded to Brain Damaged Student

A boy, who suffered a traumatic brain injury due to playing high school football, has been awarded 4.4 million dollars in school sports injury compensation in an out-of-court negotiated settlement.

Scott Eveland (22) from San Marcos, California, collapsed on the side of the pitch after playing the first half of a high school American football game for the Mission Hills High School Grizzlies in September 2007.

He was rushed to hospital where doctors identified extensive internal bleeding around Scott´s brain and were only able to save his life by removing part of his skull. As a result of his injuries, Scott is unable to stand or walk and can only communicate through a specially designed keyboard.

After taking legal advice from a personal injury attorney, Scott´s mother – Diane – made a claim for school sports injury compensation against the San Marcos Unified School District, alleging that the football team´s head coach had ignored signs that Scott was in distress prior to the game and refused Scott´s requests to sit out.

Diane´s allegations were supported by a former teammate of Scott, who testified in a deposition that Scott had complained to the team´s athletic trainer about having headaches a week before the incident and had missed several practice sessions. The teammate also confirmed that Scott had asked to sit the game out a few minutes before the first quarter started, but his request was denied.

The out of court school sports injury compensation settlement of 4.4 million dollars was made without admission of liability, and a joint statement  was issued in which both sides agreed “the settlement did not suggest that the staff of the Mission Hills High School intentionally contributed to the unfortunate and tragic accident that occurred during a high school football game”.

Compensation Claims in Ireland Increase for Fifth Year Running

The latest annual report by the Injuries Board has revealed that the number of compensation claims in Ireland has increased for the fifth year running.  

In 2011, the Injuries Board received 27,669 applications for assessment compared to 26,964 in 2010 – an increase of 3 per cent in line with the trend seen in recent years. Of those applications, 9,834 (35 per cent) received assessments, with the remainder of the compensation claims in Ireland being resolved by negotiation or declined for assessment.

The total Compensation amounts in Ireland also appear to be increasing – with the total value of claims assessed by the Injuries Board rising to almost 210 million Euros.

In 2011, compensation claims in Ireland for injury at work fell to just 8.4 per cent of the applications for assessment made to the Injuries Board, while public liability compensation claims in Ireland remained steady at 15.1 per cent and claims for injuries sustained in road traffic accidents increased to 76.5 per cent. The Injuries Board does not assess compensation claims for medical negligence or those in which liability is disputed.

Former Miner to Receive Compensation for Mesothelioma Claim

A former miner, who was exposed to asbestos while working in Nottinghamshire collieries, is to receive 73,890 pounds (87,000 Euros) after his compensation for mesothelioma claim was resolved in London´s High Court.

The personal injury settlement was made to Dennis Ball (92) from Beeston in Nottingham, after the court heard that the Department of Energy and Climate Change – the government department now responsible for managing the affairs of the National Coal Board – had admitted liability for Dennis´ illness and the asbestos related compensation claim was being presented for the assessment of damages.

Mrs Justice Swift heard that Dennis had been a fiercely independent man prior to having been found struggling for air on the floor of his flat by his step-son in March 2010. Dennis had been moved into a care home, where he had been diagnosed as suffering from mesothelioma cancer, but such was his desire to live independently, Dennis was still paying the rent of his Beeston home.

The judge also heard that Dennis´ illness had been contracted during an eighteen year period between 1967 and 1985 when he worked at the Sutton Colliery and the Moorgreen Colliery with no warning of the risks of working in an environment that contained asbestos, and without personal protective equipment to prevent exposure to the deadly fibres.

Mrs Justice Swift awarded Dennis 73,890 pounds in respect of his compensation for mesothelioma claim; commenting that “Mr Ball’s age means that he does not have the distress of knowing that many years, even decades, of his life have been denied him. Importantly, however, the onset of illness forced him to leave his home and thus to lose his independence.”

DePuy Pinnacle Injury Claims made following BBC Investigation

An investigation carried out by the BBC´s Newsnight programme and the British Medical Journal has made DePuy Pinnacle injury claims similar to those which led to the DePuy ASR hip replacement recall of August 2010.  

The investigation alleges that high levels of cobalt and chromium are entering the blood streams of patients who have had the DePuy Pinnacle hip replacement implanted, causing the hip replacements to fail as bone decay, tissue necrosis and inflammation make the metal-on-metal hip implant system unstable. The blood contamination, or “system toxicity”, is caused by debris produced by the friction within the ball and cup of the implant forming a mass around the hip implant or dispersing into the blood.

Injuries that patients implanted with the Pinnacle hip replacement system have encountered include:-

Inflammations, pains and rashes around the hip area
Grinding, clicking or popping sounds coming from implant
Pains in the thigh or groin – especially when bearing heavy loads
Pains in the hip area when rising from a seated position
The development of cysts anywhere around the body

The DePuy Pinnacle injury claims made by the BBC and British Medical Journal are supported by evidence collected from UK hospitals and clinics in America, which shown chromium levels in the blood of up to 50 times the normal amount – a particular concern for women of child-bearing age who have received metal-on-metal hip implants, as high levels of metal ions had been found in umbilical cords and the placental blood of women who have given birth.

The investigation did not stop with DePuy Pinnacle injury claims. All metal-on-metal hip replacement systems were identified as being potentially harmful, and the BBC/British Medical Journal report particularly condemned the UK medical regulator – The Medicines and Healthcare products Regulatory Agency (MHRA) – for allowing faulty hip replacements into the market without any form of clinical trials.

It was alleged that data had been available since 2005 which should have alerted the MHRA to the potential dangers of metal-on-metal hip replacements, and that the MHRA had failed in its duty of care to 60,000 recipients of metal-on-metal hip implants as the agency responsible for ensuring that medical devices work and are acceptably safe.

NOTE: If you, or anybody you know, have been the recipient of a metal-on-metal hip replacement system, the advice currently being issued by the Irish Medicines Board is to have an annual blood test and x-ray and, if high levels of chromium or cobalt are present in the blood, to have an MRI scan. Patients who wish to know more about DePuy Pinnacle injury claims for compensation should speak with a solicitor at the earliest possible opportunity.

Interim Compensation Payments made in Car Crash Claim

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”.

Helicopter Injury Claim Results in Substantial Award of Compensation

A man in Hong Kong, who suffered substantial head injuries when his friend lost control of a model helicopter, has been awarded HK 8.8 million dollars (850,000 Euros) following a helicopter injury claim for compensation.

The High Court in Hong Kong heard that Law Kwok-Wah (48) had been watching his friend, Chan Man-Kin, fly the 6 kilogram helicopter at speeds of up to 90Km/hour at the Hong Kong Science Park in January 2008, when Chan lost control of the toy and it fell to the ground.

One of the 1.5 metre helicopter blades struck Law on the head and sliced away part of his skull. Law was immediately taken to hospital and underwent emergency brain surgery to save his life. Although Law made a significant recovery, he is now semi-paralysed and confined to a wheelchair.

Law made a personal injury claim against his friend, claiming that it was necessary as his family could not live solely on his wife´s income and, in the High Court of Hong Kong, three judges found in Law´s favour after Chan admitted being distracted while in charge of a model helicopter.

The judges awarded Law HK 8.8 million dollars in respect of his helicopter injury claim to account for the pain and suffering he had experienced, his loss of amenity and both present and future lost income.

Family´s Claim for Fatal Exposure to Asbestos Settled in Court Hearing

The family of a man who died from mesothelioma cancer after working in his local shipyards for 37 years have won their claim for fatal exposure to asbestos in a court in Virginia.

The widow of John Bristow and his two sons brought the claim for fatal exposure to asbestos against John Crane Inc. of Morton Grove, Illinois, after John died from mesothelioma cancer in 2011 aged 68. John had worked nearly all his life in the shipyards of Newport News – his home town and a major shipbuilding centre – with his greatest exposure to asbestos estimated as being during the 1960s and 1970s when he worked for John Crane Inc, manufacturing gaskets which were widely used in steam and exhaust systems, and which contained asbestos.

John´s widow, Anne, and his two sons alleged in their mesothelioma injury compensation claim that John Crane Inc were fully aware of the risks posed by working with asbestos, but chose not to inform their employees or provide them with any form of personal protective equipment. The defendant´s legal representatives denied the claims, saying that any one of a number of companies on the Newport News shipyards could have been releasing the asbestos fibres into the air which were inhaled by John and his colleagues.

However, after a three week trial and two day period of deliberation, a jury found in favour of John´s family and their claim for fatal exposure to asbestos. The seven-member jury awarded the family a total of 7.19 million dollars in consideration of the pain and suffering John and Anne had experienced during his final days, to compensate the two sons for the loss of a father and to account for the medical and funeral expenses incurred by the family.

Nurse Receives Six-Figure Settlement for Nursing Home Injury Compensation

A nurse, who sustained back and nerve injuries after being left alone to care for fifty residents of an Australian nursing home, has been awarded AU 500,000 dollars in nursing home injury compensation by the Supreme Court in Victoria.

Margaret Pozzobon (58) from Nanawading in Melbourne sustained the injuries in February 2006 when she was the only member of staff rostered to work a night shift at the Wantirna Aged Care Facility. Among those left in her care was a resident diagnosed with bipolar disorder who would strip his bed, lie on the floor and have to be picked up and returned to his bed six times a night.

The resident, although classified as needing high grade care had been placed in a low grade care facility due to a lack of beds and, while in the course of lifting him back into bed, Margaret sustained a serious injury to her cervical spine which required surgery, nerve blocks and ongoing spinal injections. Due to her injury, Margaret was unable to continue working at the nursing home and has been unable to find work since because of her disability.

After seeking legal advice, Margaret made a spinal injury compensation claim against the nursing home, alleging that her injury could have been prevented had the resident suffering from bipolar disorder been managed in the appropriate facility. The nursing home contested her claim but, after an eight day trial at the Supreme Court in Victoria, a jury found in Margaret´s favour and awarded her AU 500,000 dollars in nursing home injury compensation.

Pedestrian Hit by Lorry has Brain Damage Injury Compensation Approved in Court

A woman who was walking home from the shops when she was struck by a lorry trying to avoid impact with cars that had already crashed on a busy dual carriageway has had her brain damage injury compensation settlement approved at London´s High Court.

 Devbai Patel (60) from Neasden, London, was returning home from a visit to the shops when the accident occurred in January 2008. The lorry mounted the pavement alongside the North Circular Road and hit Devbai before crashing into a wall. The driver of the lorry was killed instantly, and Devbai was air-lifted to hospital with multiple fractures and a traumatic brain injury.

Devbai underwent emergency surgery and remained in intensive care for two weeks. She had to undergo months of rehabilitation before being discharged from hospital, and is now cared for at home by her husband and children.

After seeking legal advice, Devbai´s family made a pedestrian accident claim for brain damage injury compensation and, at London´s High Court, Mrs Justice Cox heard that an agreement had been reached between the family and the insurance company of the driver responsible for causing the multiple vehicle accident.

The settlement of brain damage injury compensation will see Devbai receiving an immediate lump sum payment of 750,000 pounds, with annual index-linked and tax-free payments of 25,000 being made to the family to provide her with the ongoing care she needs. Mrs Justice Cox approved the settlement and wished the family well for the future.

Settlement of Delayed Treatment Compensation Approved in Court

The family of a man who died in hospital of septic shock, due to the failure of the hospital to act in a reasonable time frame, has had their settlement of delayed treatment compensation approved in the High Court.

Barry Murphy (38) from Carrigaline, County Cork, was admitted to the South Infirmary–Victoria University Hospital in Cork complaining of abdominal pains on the morning of April 24th 2008. Barry was known to suffer from Crohn´s Disease, but was generally in good health and held a full-time job as a financial controller.

After a medical examination, Barry was diagnosed with a perforated bowel but due to “an unjustifiable delay” was not operated on until much later in the evening. By this time, Barry´s condition had deteriorated due to septic shock and he was pronounced dead at 11.15pm the same evening.

Barry´s distraught widow, Mary, made a claim for wrongful death compensation due to the delay in treatment, but for three years the South Infirmary–Victoria University Hospital denied liability – stating that that they had made no error in Barry´s treatment. During this period Mary sustained severe emotional damage and was diagnosed as suffering from Post Traumatic Stress Disorder.

Mary persisted with her claims that the hospital failed to properly care for her husband, failed to operate on him on time and allowed him to die, and eventually the South Infirmary–Victoria University Hospital acknowledged that “the level of care provided fell short of an acceptable standard” and made an offer of 500,000 Euros in delayed treatment compensation.

Approving the settlement in Dublin´s High Court, Mr Justice John Quirke expressed his sympathy to Mary and her two daughters, commenting that Barry´s death had been “unthinkable” and was “a tragic loss”, adding that he wished he could do more to help the family.

Compensation for Cerebral Palsy Injury Claim Approved in Court

A woman, who was starved of oxygen due to a surgical error during a routine operation when she was an infant, has had her compensation for cerebral palsy injury claim approved in court.

Stacey Jayne Smith (24) was just a baby when she was admitted to Nottingham City Hospital in 1988 with feeding problems and a high temperature. Doctors suspected that Stacey Jayne was suffering from gall stones and scheduled surgery to remove her gall bladder.

However, during the operation, Stacey Jayne went into cardiac arrest after her bowel was accidently punctured and, due to her heart stopping temporarily, Stacey Jayne suffered brain damage and was left with cerebral palsy.

Mr Justice Tugendhat at the High Court in London heard that Stacey Jayne grew up with learning difficulties and unable to walk any distance – all the while her parents unaware that they were entitled to make a cerebral palsy injury claim for compensation.

 In 2008, Stacey Jayne´s parents made enquiries about making a cerebral palsy injury claim for compensation on their daughter´s behalf, and an investigation was launched by the East Midlands Strategic Health Authority.

After agreeing 70 per cent liability for Stacey Jayne´s injuries, an undisclosed settlement was agreed between Stacey Jayne´s parents and the Health Authority which was approved by Mr Justice Tugendhat in the High Court.

The judge added” I do express my sympathy to Stacey’s family and wish them all the best for the future. Stacey has been very fortunate in the support her family has given her, so lovingly, for so long.”