News

A young woman, who was found to have cerebral palsy shortly after her birth, has had a compensation award of 1.4 million Euros approved in the High Court.

Deborah French (24) from Ballymitty, County Wexford, was diagnosed with cerebral palsy shortly after her birth in August 1987 at Wexford General Hospital. Her parents brought a claim for birth injury compensation against consultant obstetrician Harry Murphy and the South Eastern Health Board, claiming that Dr Murphy had been negligent in the hours leading up to and during Debora’s birth.

The action was settled without admission of liability by the defendants, a course of action supported by Mr Justice John Quirke as he approved the settlement, stating that the conflicting opinions offered by medical experts may have put the family at risk of getting nothing in a trial.

The judge advised that the funds be released to Deborah’s parents – Ann and John French – in annual increments of 100,000 Euros.

The family of a woman who sustained horrific injuries and subsequently died after an inflatable pool slide “bottomed out” has been awarded €15.8m in a pool death claim by a judge in Salem, Massachusetts.

Robin Aleo (29) from Boston, Massachusetts, was enjoying a day by her relative’s swimming pool in July 2006 when she attempted to go down the slide into the pool where her husband and daughter were playing. As she came to the bottom of the inflatable slide, it “bottomed out”, causing her to hit her head on the pool decking.

Robin was rushed to hospital with a fractured neck and was put on life support in a quadriplegic condition. When she showed no signs of recovery, the life support system was turned off and Robin passed away a short time after of her injuries.

Claiming that the slide had been faulty and failed to comply with federal standards for inflatable toys, Robin’s husband took the retailer of the slide – “Toys R Us” – to court in a product liability compensation claim.

In the Salem Superior Court, the jury concurred with argument and found Toys R Us professionally negligent in importing the inflatable slide from China and selling it – both online and in their retail outlets. After a short deliberation, the judge awarded compensatory and punitive damages totalling €15.8m to the family, saying “Although nothing can bring Robin back, this award will help provide some security for the husband and daughter who lost her.”

A postal worker, who damaged the big toe on his right foot when a delivery of floorboards fell onto it, has won his claim for injuries at work at the Circuit Court in Dublin.

Edward Pyne (61) of Balbriggan, County Dublin, brought his claim against An Post after the accident in November 2006 left him in need of several operations for an ingrown toenail which had resulted from the injury. He also claimed that he had suffered from several infections which had developed in the damaged toe.

Circuit Court president, Mr Justice Matthew Deery heard how An Post should have provided steel toe-capped boots as part of a postal worker´s uniform, but Edward had long worn out the pair that had been most recently given to him three years previously. As a result the shoes he was wearing on the day of the accident offered insufficient protection against such an accident happening.

An Post refused to deny liability for Edward’s claim, but Mr Matthew Deery heard evidence that many of Edward’s colleagues at the Balbriggan Post Office also failed to wear the obligatory steel toe-capped footwear, and had An Post provided better supervision of their staff, the accident could have been avoided.

Upholding Edward’s claim for injuries at work, Mr Justice Matthew Deery said that he was satisfied that An Post had failed to provide adequate protective footwear for their staff, and awarded Edward 16,000 Euros in personal 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 sixteen year old boy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a supermarket car park injury claim settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident occurred in 2006. Scaling a supermarket car park fence at the Firhouse Shopping Centre, he caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into the inside of his left thigh.

Michael’s injuries were so bad that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a reminder of his injury.

Liability for the injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery was told that that the defendants had made a settlement offer of 36,800 Euros. The judge approved the offer, stating that it should be invested in court funds until Michael’s 18th birthday in March 2015.

A San Francisco Superior Court judge has ordered three defendants in a civil action for a wrongful death by shooting case to pay a total of €1.3m to the parents of a 21-year-old man who was shot and killed outside a San Francisco nightclub.

A man who was born with cerebral palsy is to receive a €4m compensation package in and injury claim for an injury sustained adter diving into a public swimming pool.

A woman who was knocked down by a bus on a pedestrian crossing is to receive an award of €8m in compensation after representatives of the bus company agreed to an out-of-court settlement just as the jury were being seated at the Alameda County Superior Court.

A settlement of £4 million was handed out at the High Court to Ms Caroline Bogue, one of the largest for a victim suffering a brain injury in a car accident.

However, Mr Justice John Quirke claimed that he was unhappy with the current system of compensation settlements when awarding the settlement to Ms Bogue of Belturbet, Co Cavan, following an agreement between the claimant and the joint defendants – her cousin Ciaran Bogue and the Motor Insurance Board of Ireland (MIBI).

He stated that the money would be gone within 10 years and said he was not happy with the lack of staged payments for awards of personal injury compensation and commented that the value of the settlement represented just 60% of what the claim was worth. His comments follow the case of Caroline, who suffered severe brain damage  in the car accident when the uninsured automobile, driven by the defendant’s brother, crashed into a tree close to her home town of Belturbet in May 2003. Despite wearing a seatbelt, Caroline – who was aged 17 when the incident occurred – was admitted to Cavan Hospital where a CT scan of her brain showed she had suffered major hemorrhaging.

Now aged 24, Caroline needs daily assistance in her life and is unable to feed herself due to the consequences of her accident. She also has difficulty sleeping, suffers from poor short-term memory and slow speech. She will need permanent care throughout the rest of her life, and Mr Justice John Quirke is concerned that the settlement is not adequate for her lifetime and that she will become reliant on the State.

The defence alleged that Caroline knew that the car in which she was travelling was uninsured so Mr Justice John Quirke accepted that there was a risk that the claimant might be awarded less if the case went forward to a full hearing, and was guided by Caroline’s counsel. However, he expressed that he was unhappy that he had to approve “a settlement so utterly speculative and imprecise from Caroline’s point of view”. An alternative system, which is due to be introduced in about 18 months time, will provide for continual payments over the period of the victim’s life.

A woman has been awarded £63,000 in personal injury compensation following an ectopic pregnancy negligence lawsuit at the High Court.

Anne English (47) from Clonmel, County Tipperary, who was transferred between hospitals while in severe and continuous pain from her ectopic pregnancy,

She had been treated at the St Joseph’s Hospital, Clonmel, in 1996, with a suspected molar pregnancy – an unusual condition in which abnormal growth occurs instead of foetal tissue.

Anne was tended to by consultant obstetrician and gynaecologist, Dr. Raymond Howard, who dismissed the molar pregnancy and suggested that Anne was suffering from a condition known as acute retrocecal appendicitis. Dr Howard then arranged for Anne to be transferred to Our Lady’s Hospital, Cashel, for a surgical opinion.

However, as Mr Justice Sean Ryan at the High Court heard, Dr. Howard had missed Anne’s true condition which was a ectopic pregnancy – one in which the embryo implants outside of the womb – and, when the pregnancy finally ruptured while Anne was at Our Lady’s Hospital, she was returned to St Joseph´s Hospital by hospital despite the fact that she was bleeding heavily and being in a critical condition.

On Ann’s return, Dr Howard immediately sent her to the operating theatre, where anaesthetic measures had to be taken to resuscitate her and three litres of blood were removed from her peritoneal cavity. Despite recovering from the incident, Anne claimed she had been severely psychologically damaged by the incident and continues to suffer from it.

Finding Doctor Howard’s oversight 40 per cent liable for the injury, and the Health Service Executive 60 per cent liable for the injuries suffered by Anne, Mr Justice Sean Ryan announced a personal injury compensation award of £63,000 should be paid to Anne stating “The decision to transfer her from the Cashel Hospital to Clonmel in this state amounted to gross negligence”.

Megan Ledden, now aged 14 years, of Glasnevin, Dublin, has been awarded €20,000 damages in the Circuit Civil Court in a case against a minibus owner following an accident where she was struck in the head by a wing mirror.

The accident occurred on a pedestrian crossing on Old Finglas Road in March 2007. Ledden was knocked unconscious as she fell back and hit her head on the ground. Ledden suffered a laceration on the right side of her forehead and bruising on her right knee. The result was permanent faint scarring under the hairline on her forehead, although fortunately it is not visible.

Mr Justice Matthew Deery approved the settlement and also awarded legal costs.

A woman has been awarded almost 178,000 Euros in compensation for being hit by a van crossing the road in the High Court.

Amy McKernan (36) from North Ewington, Oxfordshire, was crossing the road at the junction of Wicklow Street and Clarendon Street on May 7th 2002, when she was struck by a van being driven by Yuk Fong from Dublin. The force of the crash knocked her onto the bonnet of the vehicle, before she landed on the road surface – sustaining facial and back injuries.

In her action against Mr Fong and the owner of the van – Mr Yau Tsali Li – Amy claimed that the van was driven at excessive speed, as she had seen the van pulling away from the Chinese restaurant outside which it had been parked and felt she still had plenty of time to cross the road.

Yuk Fong and Yau Tsali Li denied the allegations, and counter-claimed that Amy had contributed to her own injuries by failing to keep a proper lookout. However, as Amy was about to step onto the public footpath when the accident happened, Mr. Justice John Quirke at the High Court determined that Amy had established negligence in the driving of the van, whereas the defendants had failed to show that Amy had in any way been responsible for the accident and her injuries.

A 23 year old woman, who sustained cerebral palsy due to the alleged mis-management of her birth, has agreed to an out-of-court settlement for cerebral palsy during birth amounting to 2.5 million Euros.

Laura Tinney of Buncrana, County Donegal, was born on May 31st 1988 at the Letterkenny County Hospital after her mother – Eleanor – was admitted the week previously, when cardiotocography recordings had shown a deceleration in the foetal heartbeat.

Cardiotocography recordings were not taken after May 29th and when Laura was born it was discovered that she had suffered from oxygen deprivation, causing permanent brain damage. Laura is now confined to a wheelchair, has limited use of her left hand and requires significant care.

In a case brought against the Health Service Executive (HSE) by Laura’s mother, it was alleged that had the cardiotocography recordings been maintained, it would have revealed further abnormalities in the heartbeat which would have prompted immediate delivery.

The HSE denied the claims, but at the High Court in Dublin Mr. Justice John Quirke was advised that the HSE had offered to settle without admission of liability which the family was willing to accept.

Approving the 2.5 million Euros compensation package the judge commented that had the case been allowed to proceed, there was a real chance that Laura would have received no damages – a scenario which the judge said would be “a dreadful outcome”.

The Health Service Executive (HSE) has changed its position on the signing of DePuy ASR patient consent forms following pressure from patients and personal injury solicitors in Ireland.

Together with the Independent Hospital Association of Ireland, the HSE has announced it is recalling the old DePuy ASR patient consent forms and issuing new ones which no longer include the condition that the explanted DePuy ASR hip replacement be returned to DePuy Orthopaedics. Despite the change, patients intending to make DePuy hip recall compensation claims should not sign the DePuy ASR patients consent forms without first taking legal advice.

The current offer of hip replacement injury compensation from DePuy Orthopaedics covers the medical costs associated with testing for a failed hip replacement system, revision surgery where necessary, and “reasonable and customary” expenses for patients who have to take time off from work, travel long distances and require overnight accommodation for their examinations and surgery.

There is no consideration in the DePuy compensation offer for the pain and suffering caused by a faulty hip replacement system before, during and after surgery, and long periods of rehabilitation which may result in a considerable loss of income. Furthermore, the new DePuy ASR patient consent forms free DePuy, the HSE and Independent Hospital Association of Ireland against any future claims for DePuy hip replacement compensation.

Should high levels of chromium and cobalt from the failed hip replacement systems cause damage to any other of the patient´s organs after surgery has taken place, the new DePuy ASR patient consent forms would indemnify all three parties from future legal action. As there is a case for claiming medical negligence compensation against the HSE as well as claiming product liability compensation against DePuy Orthopaedics Inc., DO NOT SIGN THE DEPUY ASR PATIENT CONSENT FORM without first taking legal advice.

A New York City sanitation engineer, who made a work ankle injury claim when a colleague ran over his leg in a forklift truck, has accepted €4m in compensation in an out-of-court settlement.

Andrew Anderson (37) from New York City, was helping the colleague install a snow plough to the forklift truck when the accident happened in early 2008. His co-worker accidently ran over Andrew’s ankle, causing a severe ankle fracture which required two surgeries to correct.

Andrew also developed reflex sympathetic dystrophy during post-operative complications and sustained foot drop – for which he now needs the use of a foot brace. Since his accident, Andrew has not been able to work and been forced to take early retirement from the City of New York.

After taking legal counsel, Andrew sued the City of New York for his injuries. Liability was undisputed and the case was heard in the New York Supreme Court for assessment of damages. However, just before the jury were about to begin their deliberations, lawyers on the two sides reached a negotiated settlement of €4m to compensate Andrew for personal injury, lost earnings and loss of consortium.

A bus injury award of €121,493 has been made to a woman who suffered a spinal injury after a bus in which she was a passenger drove over a speed ramp too quickly.

Ciara Whelan (23) from Drumcondra, Dublin, was travelling on a Dublin Bus being driven through the grounds of the Connolly Memorial Hospital in Blanchardstown in April 2006, when it hit a speed ramp too quickly and caused Ciara to hit her head severely on the roof of the bus.

After falling into a nearby seat, Ciara was unable to catch her breath or speak. Another passenger witnessed what had occurred and alerted the bus driver who stopped the bus. An ambulance was called, and Ciara was admitted into the hospital where she was treated for a crush fracture of the L3 lumbar vertebra.

Mr Justice John Quirke at the High Court heard that Ciara remained in hospital for over a week, after which she was required to wear a neck brace for three months. Ciara told the court that she currently suffers frequent back pain but it is controlled by anti-inflammatory drugs and ongoing physiotherapy. The court was also told that Dublin Bus had admitted liability for Ciara´s injuries and the case was before Mr Justice John Quirke for assessment of damages only.

On awarding Ciara €121,493 in compensation, Judge Quirke said that it was established that Ciara had suffered a very serious injury which would cause her continuing pain and restriction of movement in the future.

A man, whose wife died from breast cancer after being misdiagnosed as all clear, has had a 110,000 Euro award for breast cancer misdiagnosis by a hospital approved in the High Court.

Ann Moriaty was just 51 years of age when first diagnosed with breast cancer in April 2005. She underwent a mastectomy prodcedure the following month, followed by chemotherapy and radiotherapy at St. James´s Hospital in Dublin. After this she attended six-monthly reviews at St. James´s, where she was considered to be doing well and in remission from the cancer.

In June 2007, she started to suffer from weight loss and nausea. Ms Moriaty attended, and was admitted to, the Mid-Western Regional Hospital in Ennis, County Clare, on June 11th, where a diagnosis of a urinary tract infection was made and Ann was discharged on June 15 with a course of antibiotics. A chest X-ray was taken at the time which was analysed and considered to be normal.

Once again she attended the Mid-Western Regional Hospital on August 11th suffering from the same symptoms and unable to eat or drink. An out-patient appointment was arranged for August 13, where she was prescribed an anti-emetic and sent home. However, another X-ray taken on August 9th at the hospital had shown, it was claimed, a local bulge opacity and vague shadowing in the mid-left zone.

Although the family were relieved that there had been no recurrence of the cancer, Ann´s GP was still concerned about her health. On August 14th, she was sent to the Galway emergency clinic where she was immediately admitted and a series of tests carried out. On August 16th, Ann and her family were advised that the cancer had returned and that it was at an advanced stage.

The family sought verification of the second diagnosis at St. James´s Hospital, where it was confirmed that Ann indeed had extensive breast cancer with liver, brain and lung involvement. The hospital advised the family that the extent of cancer meant Ann´s illness was incurable and, despite undergoing further radiotherapy, Ann died in April 2008.

Claiming that had his wife’s condition been diagnosed sooner, she would have survived longer with fewer symptoms, Ann´s husband – Karl Henry of Ennis, County Clare – and son Ciarán sued the Health Service Executive (HSE) for damages for personal injuries, mental distress, loss, damage and loss of dependency. Karl alleged that Ann’s death had a devastating effect on both him and his son and that the consequent HSE public investigation had also caused significant distress.

The HSE refuted the claims, but Mr Justice John Quirke at the High Court heard that they were willing to make an offer of 110,000 Euros in compensation without admission of liability. Counsel for the bereaved family said that they were willing to accept the settlement and, stating that this was a “very sad case”, it was approved by the judge.

A 26 year old woman, who was left irreparably brain damaged after her car was involved in a collision with a truck, has had a 7 million Euro brain injury settlement award approved in the High Court.

Valerie Bourke from Carrick-on-Suir, County Tipperary, had just turned 21 in May 2006, when the red Nissan Micra she was driving between Carrick-on-Suir and Waterford was struck by a truck driven by Patrick Holden of Carigee, County Waterford.

Suffering from catastrophic brain damage, Valerie was taken to the Waterford Regional Hospital. She remained there until April 2007, during which time she was unable to communicate, required twenty four hour care and was fed via a tube.

She was then transferred to the National Rehabilitation Centre in Dun Laoghaire and six months later moved to a neuro-rehabilitation centre in England for further assessment of her needs. In December 2008 – two and a half years after the accident – she was able to return home.

Valerie´s parents constructed a special extension to their family home in order to accommodate her special needs but, although Valerie made a little progress with her mobility and cognitive functions, Mr Justice Iarfhlaith O’Neill at the High Court heard that prospects for Valerie’s future remained limited.

In an case against Patrick Holden and the owner of the truck – Stefan Gilchrist of Piltown, County Kilkenny – it was alleged that their negligent actions were responsible for Valerie´s injuries. Liability was admitted and the case was before Mr Justice Iarfhlaith O’Neill for final assessment of damages only.

Announcing the award of just over 7 million Euros, Mr Justice Iarfhlaith O’Neill said that 4 million Euros was to be put aside for Valerie´s care in the future and that an application was to be made to have Valerie made a ward of court.

A GP, who sustained serious neck and back injuries after his car was in collision with a stray horse, has been granted a £560,238 award for injury caused by colliding with a horse.

Thomas Breslin, aged 46, was driving along the road outside his home town when the accident happened in January 2007. The horse, which had escaped from the field it was being held in, collided with his car with such impact that the animal landed on the roof of Dr Breslin´s car – trapping him inside for more than two hours until he was released by emergency services.

Mr Justice Eamon de Valera at the High Court heard that as a result of the incident Dr Breslin had to undergo surgery on his back and have a plate inserted in his neck. He also suffered psychologically as a result of the accident and was diagnosed with post traumatic stress disorder. The court also heard that Dr. Breslin will only be able to work on a temporary basis due to his injuries and may even have to retire from his practise.

The negligent party in the action was named as Richard Johnston who admitted liability for not securing the horse in the field and the case was before Mr Justice Eamon de Valera for assessment of damages only.

Announcing the award of £560,238, the judge said that it was clear that Dr Breslin would continue to suffer physically and mentally as a result of the incident.

More than 300 claims for DePuy Pinnacle compensation have been consolidated into one “multi-district litigation” case (MDL) that will be heard in Texas in the United States.

The claims have been made due to injuries which are comparable to the DePuy ASR hip replacement systems that were recalled in August 2010 after a higher than expected failure rate was acknowledged. The reason for the consolidation into one MDL is to help those making claims for DePuy Pinnacle compensation to have their cases heard quicker and recover compensation for their faulty hip replacement systems sooner.

Although it is not unusual for compensation claims in the States to be combined in this way, the high number of claimants so soon after the DePuy Pinnacle hip replacement system was brought to the market is alarming. Only introduced in 2008 – five years later than the recalled DePuy ASR hip replacement systems – the DePuy Pinnacle hip replacement system avoided testing by the Food and Drug Administration due to a process known as the 501(k) process.

This process enables manufacturers of medical devices to avoid clinical testing for their products by displaying that they are similar in design and function to an existing product on the market. In the case of the DePuy Pinnacle hip replacement system, its design was passed as being similar to the recalled ASR hip replacement system.

A similar “backdoor” process enabled the DePuy Pinnacle hip replacement system to bypass the Irish Medicines Board and Health Service Executive, and now recipients of the faulty Pinnacle hip device may be beginning to experience symptoms identical to those injured by the DePuy ASR hip replacements.

If you or a loved one has been the recipient of a DePuy Pinnacle hip replacement system, you are advised to see your doctor for a blood test immediately. If a high level of system toxicity is identified, you will be required to undergo revision surgery – even if your DePuy Pinnacle hip replacement system is still functioning properly.

Thereafter speak with a solicitor about making claims for DePuy Pinnacle compensation. The process is similar to that for making DePuy hip recall compensation claims except, at the moment, DePuy Orthopaedics Inc. have not admitted their negligence in the design and manufacture of the DePuy Pinnacle hip replacement system.

The mother of a two year old girl, who died after contracting meningitis, has been awarded more than £142,000 in a child meningitis compensation claim after the hospital in which the little girl died admitted errors in the way they handled her condition.

Natalie Courtney (28) took her daughter, Aisling, to hospital on February 19 2006, after (she) Aisling had started suffering from hallucinations and a sore neck. The examining doctor diagnosed her as having a 24-hour viral gastric bug and being dehydrated. Natalie requested that Aisling be kept in for overnight observation and stayed with her daughter throughout.

After the original examination, a rash developed on Aisling’s back and, early in the morning of February 19, Aisling was placed on a drip. She then developed purple spots on her skin, and Natalie was informed that Aisling was being treated for meningitis.

Aisling’s condition became much worse and she was moved into the hospital’s intensive care unit. But, at 10.25am, Aisling had a heart attack and died. The shock was completely overwhelming for Natalie who, Mr Justice Iarfhlaith O’Neil heard at the High Court, became socially withdrawn and developed feelings of guilt due to her failure to intervene in her daughter’s treatment and demand more appropriate action. After seeking legal counsel, Natalie sued the hospital for nervous shock arising from Aisling’s death, claiming that she had suffered depressive injuries as a result of the manner in which she had witnessed her child’s death.

The hospital conceded the liability late last year – extending and aggravating Natalie’s feelings – and Mr Justice Iarfhlaith O’Neil accounted for this lack of admission in awarding Natalie £142,000 plus an amount to cover the costs associated with legal representation at the inquest into Aisling’s death.

A man has been awarded £3.8m in his viral encephalitis brain damage claim at the High Court. The illness was allegedly initially misdiagnosed as eczema.

Martin O’Brien (45) had developed a rash with itchy sores in January 1996. He was taken to hospital, who believed he had scabies and who prescribed benzyl benzoate as a temporary measure.

At the hospital, Martin was diagnosed as having eczema and, when his case was looked over in February, it was claimed in court that he was advised to continue using the treatment prescribed for him in January.

However, by the end of March, he was complaining of aches, pains, fevers, sweating and memory loss and, after attending a different hospital, on March 31st, Martin collapsed and was then admitted to the hospital under the care of Dr. Brendan S Duffy.

Mr Justice John Quirke heard at the High Court that following his collapse, Martin had complained of experiencing a blackout, amnesia, headaches, a stiff neck, a loss of power in his lower limbs and abnormal rolling of his eyes.

By 31st March Martin was unable to recognise his wife and, it was stated, that tests taken after his admission indicated encephalitis and possibly herpes simplex. However, no treatment against the virus was prescribed until April 4th, when Zovirax was prescribed, and on April 5th when Acyclovir was added to the treatment. Martin was kept in hospital until August 1996.

In the subsequent action taken against Dr Duffy and the Health Service Executive, it was claimed that Martin suffered severe brain damage as a result of the delay and was described in court as a “child in a man´s body”. He can no longer work and has relied for the past fifteen years on care provided by his family.

A settlement of £3.8m without admission of liability was negotiated between legal representatives of Martin´s family and insurers for Dr Duffy. In approving the settlement, Mr Justice John Quirke paid tribute to Martin´s wife, Anna Marie, describing her as “a wonderful lady” and directed that part of the award should immediately be paid to the family for the care they had provided.

A man, who lost his leg in a workplace accident when it became trapped in a grain bin, has been awarded €1.2 million in a product liability compensation claim against the designer of the grain bin – Ken Babcock Sales Inc. – and his employer – the Fredonia Cooperative Association.

Sam Rollings (23), was sweeping out corn in the grain bin in January 2007, when he slipped and his right foot became entangled in the drag chain of the grain bin conveyor system. His leg was pulled into the machine and Sam suffered such severe injuries to his right foot and lower leg that surgeons could not rescue it.

In a legal action against the designer of the grain bin and his employer, it was claimed that there were no protective barriers or guard rails in the grain bin, and that no instructions or warnings were ever issued to employees working in the grain bin about the hazards which were present. Claiming personal injury due to product liability, the case was tried before a District Court Judge.

After seven hours of deliberation, the jury agreed with Sam that both Ken Babcock Sales and the Fredonia Cooperative Association were jointly responsible for his injuries, and awarded a total of €1.2 million to cover a loss of salary, past medical expenses and future medical care.

A woman from West Virginia in America has made a claim for metal poisoning compensation against DePuy Orthopaedics Inc. after high levels of biologic toxicity were discovered in her blood stream.

Delores Hatcher, from Wheeling in West Virginia, is the latest name to be added to the growing list of DePuy hip recall compensation claims after meta cobalt and chromium-1 were discovered in her blood – ions which are acknowledged to cause cardiovascular and neurological health issues. Delores received her DePuy ASR hip replacement system in November 2009, but within months was experiencing pain in the region of the implant and was finding it difficult to walk.

In April, the results of Delores´ blood test indicated that she was at risk from the high levels of metallic ions in her blood and, after seeking legal advice, she made a claim for metal poisoning compensation against DePuy Orthopaedics. In her claim Delores also alleges that DePuy and their parent company – Johnson & Johnson Pharmaceuticals – concealed known defects of the hip replacement system and used “unjust enrichment” marketing practices – something for which DePuy Orthopaedics have already been fined by the U.S. Attorney´s Office.

Advice: All recipients of metal-on-metal hip replacement devices are advised to have a minimum of one blood test each year to check for the presence of metallic ions – active people, likely to create more friction within the hip replacement device, should consider increasing the frequency. If you are found to have a level of cobalt or chromium higher than 7 particles per billion, it is likely that revision surgery will be required.

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.

A woman, who slipped and fractured her knee cap on a Carnival cruise ship, has been awarded almost €2.3m in damages following a slip injury claim on cruise ship action.

Denise Kaba from Florida was travelling on the Carnival Pride in August 2009, when she slipped and fell on the pool deck which had been treated with a resin that made it hard and slippery when wet.

As a result of her slip and fall, Denise suffered a fractured patella and had to undergo surgery six times to enable it to heal properly. It was also claimed in her action at the U.S. District Court that she may have to have total knee replacements in the future.

Denise’s legal counsel alleged in court that Carnival were aware of previous injuries associated with slips on the pool deck since it had been treated, yet had done nothing to make the surface safer or warn travellers of the potential dangers.

Agreeing with Denise that Carnival were liable for her injuries, U.S. District Judge Ursula Ungara awarded €2,275,000 in damages, consisting of more than €167,000 in past medical expenses, nearly €284,700 in future medical fees, just over €129,000 in loss of earning capacity, €152,000 for pain and suffering in the past and nearly €1.5m for future non-economic damages.

A Wenicke Korsakoff award has been made to a woman, who developed the illness after alleged negligence by her surgeon. Her claim for medical negligence was settled for an undisclosed sum.

Avril Doyle (46), was described as a bubbly and vivacious person prior to having a laparotomy to treat multiple abdominal adhesions at St Michael’s Hospital, Dún Laoghaire in July 2005.

Avril was sent home ten days after the operation, but had to re-admitted for further surgery on August 2 2005 after her condition deteriorated. Another laparotomy was performed, during which a portion of her small bowel had to be removed.

It was alleged that, during this operation, medical staff failed to administer the vitamin thiamine as part of Avril’s intravenous feeding and she suffered brain damage as a result. It was claimed in the action brought through Avril’s spouse, Dick, that staff failed in their duty to monitor, test and review her “total parental nutrition” management.

Due to this alleged negligence, the court heard how Avril developed memory problems, became increasingly disorientated and suffered impairment to her cognitive linguistic function – a symptom commonly witnessed in cases of dementia.

After treatment Ms Doyle returned home in April 2006 to be cared for by her husband and, more recently, by a specially employed care assistant. She continues to have problems including dizziness, fatigue, emotional fits and depression.

A week into the trial, Mr Justice Iarfhlaith O’Neill was informed that the claim had been settled for an undisclosed figure and with noadmission of liability except for the failure to provide a nutritionist at the hospital during the surgery.

A fourteen year old boy, who was starved of oxygen during his birth and now suffers from cerebral palsy, has had a settlement of £2.9m in a cerebral palsy lawsuit approved in the High Court.

Cian Mangan was born on the 1st of June 1996. He was already a fewl days overdue when his mother, Michelle, was admitted to St. Finbarr’s Hospital, County Cork, in the early stages of labour.

The court was told that Cian’s foetal heartbeat had fallen between the time Michelle was admitted to the hospital and when he was born, and it was alleged that staff at the hospital had failed to recognise this symptom of foetal distress.

This supposed oversight led to a delay in summoning a doctor and consequently, when Cian was delivered at 11.39pm, he had become asphyxiated, and now suffers from cerebral palsy as a result.

Claiming medical negligence through his mother, the court heard that liability for Cian’s injuries was being denied and further argued that the proper procedures were followed. However, a settlement offer of £2.9m cerebral palsy compensation had been made to Cian and his family which they were prepared to accept.

Approving the settlement, Mr Justice Brian McGovern agreed that a payment of £117,000 should be paid to Cian’s mother for the provision of care to him over the past fourteen years, and heard that an application was going to be made to make Cian a ward of court.

The family of a woman who died from internal bleeding, shortly after giving birth at the National Maternity Hospital, has been awarded almost £2m in a settlement for death after childbirth..

Taz Kenefick (36), had been admitted to the hospital to give birth in November 2004.

There were complications with the birth as Mrs Kenefick developed an infection during her labour and had a condition in which the placenta was very deeply attached to her womb.

After the birth of her son, Mrs Kenefick bled very heavily and, despite the attention of her obstetric consultant, died on the operating table.

Her husband, Kevin, sued the consultant and the hospital, alleging clinical neglect, and Mr Justice Iarfhlaith O’Neill at the High Court heard that the hospital admitted liability just two weeks ago.

Awarding almost £2m to Mr Kenefick and his two children, Mr Justice Iarfhlaith O’Neil announced that the action against the consultant was no longer going to be pursued.

The first stage of resolving the faulty hip replacement compensation claims made against DePuy Orthopaedics Inc. for their faulty hip replacement systems has begun in the United States.  

Solicitors representing thousands of claimants making DePuy hip recall compensation claims in the multi-district litigation action are to take depositions from three DePuy executives to determine the company´s structure and policies on electronically stored data. It is believed that the depositions will lead to significant information about the sales and marketing practices of DePuy Orthopaedics which will strengthen their clients´ faulty hip replacement compensation claims.

Over one thousand claimants are making faulty hip replacement compensation claims against DePuy Orthopaedics in this action. However, more than 93,000 thousand people received the recalled ASR hip replacement systems between 2003 and 2010 and, with a failure rate approaching 13 per cent in the United States, more than ten thousand recipients of the faulty hip replacement systems could be entitled to claim compensation.

The first stage of the multi-district litigation process is scheduled to be completed by the end of April, at which time the Honourable Judge David A. Katz of the Northern District of Ohio will begin to hear pre-trial arguments from both parties. As the trial progresses, it is anticipated that more people will have to undergo revision surgery, and the number of faulty hip replacement claims could rise still further.

The family of a mother and child, who were both tragically killed in a road traffic accident which occurred in 2006, have been awarded more than £83,500 in a joint compensation claim for death in a car crash. Both Yvonne Mahoney (24) and her daughter, Bobbi-Ann (2), died when a car driven by Yvonne’s partner John Maloney (33) was struck by another car as it exited the crossroads junction on July 9 2006. Mr Maloney also died in the accident.

In a law case brought by Yvonne´s widowed mother, Mary (56), it was alleged that the local council had failed to maintain a clear line of sight at the junction by not cutting down, pruning or trimming the trees and hedges on the side of the road. It was also alleged that they had failed to construct yield or stop signs.

Mrs Mahoney additionally sued the estate of John Maloney, claiming that Mr. Maloney had been negligent on the day of the accident by way of his driving. It was claimed that the deceased driver had caused Mrs Maloney and her other eight children to suffer mental distress. The judge in the High Courty heard that the issue of liability had been withdrawn, and awarded Mrs Mahoney and the family of Yvonne and Bobbi-Ann a compensation settlement of £83,500 plus costs.

An eight-year-old boy, who lost the tip of his middle finger in an accident at his school, is to receive £19,200 compensation in a school accident injury claim.

The judge heard how Benjamin Schonfeld was just 6 years of age when his finger got caught his finger in a door jamb in January 2009.

Benjamin lost approximately 4mm from the top of his left middle finger, and his injury resulted in a subsequent hooked nail deformity.

Suing the school through his father, Heino, the judge heard that an assessment had been made which both sides accepted.

Approving the award assessment of £19,200  with a further £869 costs, Mr. Justice Matthew Deery directed the school to pay the settlement into court for Benjamin’s benefit.

In claim for wrong drug prescription leading to death a settlement in the order of £835,000 was awarded to the widow of the victim.

Colm O’Donovan (31) became ill in August 2005 with suspected food poisoning, and his wife, Patricia, called the out of hours medical service. The attending doctor with the service gave Colm an injection of Cyclamorah, but the following morning his condition had deteriorated. Colm collapsed as he attempted to get out of bed and started to suffer seizures.

Patricia contacted the medical service once again, and this time Colm was attended by a different doctor. The doctor diagnosed Colm’s seizures as a reaction to the first drug and administered an injection of Largactyl – claiming that it would control the seizures. Instead, Colm’s condition continued to deteriorate and, shortly after being attended by his GP the following morning, suffered a heart attack and died.

It was claimed in the subsequent action against that the medical service and doctor had failed to conduct a full examination of Colm. This, it was stated, would have revealed a serious illness for which Colm could have received treatment in hospital. It was also alleged that by giving the injection of Largactyl, the doctor accelerated a serious illness which eventually lead to Colm’s death.

The judge heard in the High Court that liability had been admitted by the doctor and the action against medical service was struck out. The judge was also told that an agreement had been reached between Colm’s family and the negligent party for a compensation settlement of £835,000, which he was satisfied to approve.

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.

The U.S. Drug Watchdog – a private company that monitors medical devices and pharmaceutical companies in the United States – has urged patients who have been implanted with faulty hip replacements to make claims for DePuy compensation individually.

The statement comes as many class actions suits are being prepared against DePuy Orthopaedics Inc and its parent company Johnson & Johnson following the recall of the ASR Articular Surface Hip Replacement System and the ASR XL Acetabular Hip Replacement System due to a “higher than expected” failure rate.

The U.S. Drug Watchdog fears that DePuy hip recall compensation claims made collectively may see some patients who suffer more debilitating injuries as a result of the faulty hip implants lose up to 100,000 dollars in DePuy compensation. The company advocates making claims for DePuy compensation individually in order that everybody will receive a fair and adequate level of compensation.

According to the U.S. Drug Watchdog, settlement of class action claims for DePuy compensation in the United States will also prove to be a slow process, with more than 5,000 claimants currently listed in the Multi-District Litigation taking place in Ohio. Further delays may occur due to an ongoing investigation by the Justice Department into the role of the American Academy of Orthopaedic Surgeons in the promotion of faulty hip replacement systems.

DePuy Orthopaedics were recently found guilty of defrauding the national social insurance program – Medicare – and one of four companies fined a total of 310 million dollars by the U.S. government.

The family of a mother and child who were killed in a car accident in 2006 have been granted compensation of more than €100,000. Yvonne Mahony (24) and Bobb-Ann (2) were killed after a car struck the one in which they were travelling in at Lodge Cross, County Galway in July 2006.

The claim for compensation was taken against Galway County Council by Yvonne’s mother Mary, who she said failed to maintain clear vision at the junction by not pruning or cutting down trees which obstructed drivers’ views. She also claimed that they failed to erect appropriate yield and stop signs.

A truck driver, who was struck by a steel wedge, has been awarded £67,000  by the High Court in a facial scarring at work injury claim.

Mr Justice John MacMenamin heard how Keith Dowling (38) was almost decapitated as a wedge of steel, being used to secure the ballast weight on his trailer, shot from its mounting causing permanent damage to Mr. Dowling’s face. The wedge, which measured 14 inches by 6 inches, was being hammered in place by a colleague when the accident happened.

A Californian man, who contracted Work-related Asbestos Mesothelioma Cancer after working with brake linings that contained asbestos, has been awarded almost €13m in a compensation package in a court hearing.

A man, who claimed that injuries from a head-on car crash affected his weight loss program, has been awarded almost £13,300 compensation in a whiplash injury litigation case.

The judge was told how Declan O’Hora (45) had suffered injuries to his neck and shoulders following a road traffic accident in October 2008.

These injuries, it was claimed, prevented Mr. O’Hora from continuing with swimming exercises designed to help with a weight loss problem, and had also been responsible for the development of sleep apnoea – a condition where the sufferer experiences abnormal pauses in breathing while sleeping, leading to daytime sleepiness and fatigue.

As liability had been conceded by the negligent driver – Brian Duggan of Knocklyon, County Dublin – the only issue still to be determined was the amount of personal injury compensation to be awarded. This was set by Mr Justice Matthew Deery at just under £13,300.

A six year old girl has had a compensation settlement for a rash from a sofa claim approved in the Circuit Civil Court. She developed a skin condition due to chemicals used in the manufacture of a sofa.

The judge heard in court how Holly David was just two years old when her family purchased the sofa in 2006 from Argos Ltd. Holly and her family started to develop skin problems and tingly rashes immediately after the purchase of the sofa, and Holly had to receive medical treatment for dermatitis.

Her family replaced the sofa, which was later discovered to contain the mould inhibitor dimethyl fumarate – a chemical which has subsequently been banned in the EU for use in sofas, and which prompted Argos Ltd to recall the product in 2009.

Holly’s mother, Gabriela,  took legal advice and an application was made for compensation on the grounds of product liability. Following assessment of Holly’s case and recommended damages of £8335 – a figure agreed by both Holly’s family and Argos Ltd, but one which had to be approved in court due to Holly being a minor.