Thursday , March 28 2024

Failure to Diagnose Brain Injury results in £1.6m settlement

A compensation award of over £1.6m for a failure to diagnose a brain injury has been made to thirty six year old former opera singer Elaine Lennon.

Thirty six year old Elaine was an award-winning opera singer, with a successful future ahead of her both as a singer and as a recently qualified psychologist. However, in February 2007, she started suffering from headaches during the pregnancy of her daughter Claudia, and attended the accident and emergency unit at hospital.

There, the judge was told, she was diagnosed by a medical registrar as suffering from a urinary tract infection and referred to a midwife, who assessed she was about to give birth and ordered that Elaine underwent a Caesarean section to deliver Claudia.

Claudia was born a healthy baby, but the headaches and the neck stiffness continued and Elaine failed to respond to antibiotics. Doctors twice queried whether a CT scan of her brain should be performed but did not carry one out, and Elaine and her baby were discharged a week after the birth.

If a CT scan of Elaine´s brain had been undertaken at the time, doctors would have noticed an abscess which later burst into the ventricles.However, she attended her GP´s clinic at Castle Mill Medical Centre, Balbriggan, where the doctor administered an injection which temporarily stopped the headaches and vomiting which had developed.

Dr. Mathun checked on Elaine several days later, determined that she was suffering from post-natal depression and prescribed a sedative. Later that day, she collapsed at home and was admitted to the hospital’s emergency department by ambulance. The following morning, Elaine had two seizures after which a CT scan was performed which revealed the extent of Elaine´s illness.

In the action through her father, the court heard how Elaine is now confined to a wheelchair and can only speak in a whisper. She also requires twenty-four hour care due to the doctors failing to notice her brain injury.

Approving an interim compensation settlement of £1.6m, Mr. Justice John Quirke stated that, were it not for her injuries, Elaine had the potential to make a lot of money in the future. Liability was admitted in the case.

Dog Bite Personal Injury Claims results in £4,600 award

A young girl, who was bitten by a dog during a family holiday, has had a compensation settlement of £4,600 approved in the Circuit Court by Mr. Justice Matthew Deery.

The court heard how Ciara Hill (12), was a guest at a hotelin July 2007, when she was attacked and bitten by a dog owned by the hotel.

In the action against FTP Hotel Limited, Ciara was represented by her mother, who explained how her daughter – who was just eight years old at the time – was traumatised, shocked and upset by the incident.

Approving the compensation settlement, Mr. Justice Matthew Deery said that Ciara´s physical injuries had not been significant and that they had healed quickly.

All settlements involving children under the age of 18 years have to be approved in court before payment can be paid, even when a settlement agreement has been previously reached by the claimant and the defendant. The type of court which hears the case will depend on the value of the compensation.

Rathgar Resident Awarded €48,000 for Injuries Caused by Botched Bicycle Repair Job

A man from Rathgar, Co Dublin has been awarded €48,000 in damages after being thrown of the handlebars of his bicycle and suffering injuries sustained because of a botched bicycle repair job. Piotr Lizanowicz, who had left his bicycle in to be repaired in Holligsworth Cycles Limited, Templeogue Village, fractured his elbow during the accident, which happended as he cycled down Terenure Road.

Piotr had left his bicycle with Hollingsworth Cycles Limited to have is brakes and spokes repaired at a cost of €54. It was claimed however, that when the bicycle’s tyre was re-inflated after the accident, no precautions were taken to ensure that the tyre and inner tubing were placed correctly.

Hollingsworth Cycles Limited denied the allegations, claiming that Piotr had fabricated the story in order to extract money from the business.

Hospital Claim for Compensation leads to £278k award

The family of a woman who died from a heart attack after she was wrongfully discharged fom hospital has won their hospital claim for compensation and are to receive £278,000 in compensation.

The judge in court heard how Mrs Teresa O’Brien had been taken to hospital in September 2004 with a heart complaint.

The consultant at the hospital had instructed that an angiogram be carried out and Mrs O’Brien kept in hospital. A senior house officer also carried out some stress tests and gave the results to a doctor. It was alleged that neither the senior house officer nor the doctor related the stress test results with the direction given by the consultant that Mrs O’Brien should not be discharged from hospital until she had been x-rayed. Consequently, Mrs O’Brien was sent home and sadly died four days later. Her post-mortem revealed evidence of cardiovascular abnormality and it was also discovered later that the results of the stress test had been misread.

The health service conceded liability after Mrs O’Brien’s widower – Paul – sought damages for medical negligence and breach of duty. The judge approved a compensation award of £106,000 for Paul O’Brien, with further amounts of £77,000 for her son Daniel and £85,000 for her step-son Daryl. Lesser sums are also to be awarded to Mrs O’Brien’s two brothers and sister.

Faulty Metal on Metal Hip Devices Claim Made by FDA

The U.S. Food and Drugs Administration (FDA) has updated its advice to recipients of metal on metal hip devices, claiming that any model of metal medical device which creates friction can produce injuries similar to those seen with the recently recalled DePuy ASR hip replacement systems.

The FDA faulty metal on metal hip devices claim suggest that “adverse reactions to metal debris” can affect the health of anybody implanted with a metal on metal hip device, not just those models which have been recalled.  These adverse reactions are caused by the release of microscopic metal particles when friction occurs between the head and the cup of the implant and, according to the FDA, will cause different reactions in different people.

The most common indicators of “system toxicity” are pains around the implant area, a clicking noise when walking or an inflammation within or close to the hip area. However, the faulty metal on metal hip devices claim made by the FDA also warns of dangers to the heart, thyroids, nerves and kidneys, and advises recipients of all metal on metal hip devices to be conscious of any physical changes to their health.

The FDA advises patients to see a doctor and have a blood test if symptoms which may be related to metal debris from a metal on metal hip device manifest. Depending on the level of chromium and cobalt registered in the blood test, the doctor will then order an x-ray to observe the integrity of the metal on metal hip device or an MRI to look for any organ damage elsewhere in the body.

There are several non-surgical treatments that a doctor can perform depending on the extent of the injury, but as those already making DePuy hip recall compensation claims will be aware, revision surgery is likely once the cause of the symptoms has been identified as a faulty metal on metal hip device.

UPDATE February 2012: Advice issued by the Irish Medicines Board is that recipients of any metal on metal hip devices should have annual blood tests and x-rays to check the integrity of their hip replacements.

Child Whiplash Injury Compensation results in £47,000 settlement

Circuit Court President Justice Matthew Deery approved an award of £47,000 for child whiplash injury compensation for injuries suffered by three siblings, after hearing how their mother’s car had been rear-ended in an accident which occurred in January 2007.

Rachael Hopkins (9) and her brothers Daniel (10) and Thomas (7) from had been passengers in a car driven by their mother Jennifer, when it was hit from the back by Ms Monica Carney of Lucan, County Dublin.

In a legal action brought through the children’s father, Thomas Hopkins, the court heard how the children had received treatment for recurrent and protracted symptoms of their injuries from the family GP and a specialist consultant.

The injuries had been more problematic for the two brothers, Daniel and Thomas, who were each approved an award of £16,000. An award of £13,300 was approved for Rachael Hopkins, and the compensation award will remain invested in court funds until they are 18 years of age.

£387,000 shoulder dystocia settlement awarded to 14-year-old boy

Justice John Quirke said he had “no hesitation” in approving a £387,000 settlement to Gavin Dowling (14) as compensation for sustaining shoulder dystocia at the time of his birth. In a claim made through the child’s mother, Mary Dowling of Coon West, Kildare, it was claimed that the defendants – Doctor Ashraf Aziz and the South Eastern Health Board – did not provide adequate care during the time of Gavin’s birth in late 1995. Gavin subsequently sustained shoulder dystocia – an injury which lead to him developing Erb’s Palsy and subsequent restrictions in the use of his left shoulder and arm.

The South Eastern Health Board and Dr Aziz, who was practicing at St Luke’s General Hospital, Kilkenny, at the time of the alleged incident, rejected the claims and settlement was made with no admission of liability.

Gavin now has reasonable strength in his left wrist and hand, but will always suffer from permanent shoulder disability according to his parents, who have ruled out corrective surgery due to the possible consequences involved.

Court approval was necessary before the award could be made, as with all injury claims for compensation involving a child, and despite his disadvantages, Gavin has been doing well at school and enjoys taking part in sports.

Claim for Accident Injury in Creche leads to £542k payout

The compensation claim for accident injury in a creche involving Sean Ross McGowan, who suffered brain damage and blindness as the result of almost drowning in a park pond, has been settled before Mr. Justice Sean Ryan in the High Court for a sum of £542,000.

Sean was almost three years old when in August 2007 he was taken on a crèche outing to a park while in the care of Miss Carr´s Home Housing Association. He was allowed out of his pushcahair and, while care staff were chatting between themselves, disappeared for some minutes before being discovered at the bottom of a nearby pond.

Sean had almost drowned when rescued and, despite being resuscitated by a doctor, suffered catastrophic brain damage to 95% of his brain. The accident has left Sean, now 5, totally blind, incapacitated and in need of constant care.

The court heard how Sean had been a lively good-natured child prior to the accident and, as the child’s creche was a funded service health service will also pay the lifelong costs of care for the child as part of the compensation claim.

The defendants had already admitted liability for the incident, and the case was only in court for assessment of damages and court approval as with all compensation claims involving children. Approving the compensation award in court, the judge paid tribute to the child’s parents and said it was obvious they were committed, devoted and dedicated to him.

Brain Damage Injury Award is £3.75m

Mr. Justice John Quirke has approved a £3.75m brain injury award to Jessica O´Brien.

In the claim against the hospital, it was alleged that Jessica´s mother was taken to maternity hospital for the birth of her daughter in May 1993, after a scan at her local hospital revealed that the foetus was experiencing digestive problems. Jessica was born the following, but suffered brain damage during the delivery due to a lack of oxygen.

It was claimed in the action against the hospital that medical staff failed to properly monitor Jessica´s heart rate in the period immediately before her delivery – something they should have done automatically, as they were aware that the delivery was high-risk and in danger of hypoxia during the birth. The court heard evidence that Jessica, now 17 years of age, will need care for the remainder of her life. She frequently has to use a wheelchair and suffers from a talking defect for which she is receiving therapy. The hospital denied the claims and the compensation award was approved without admission of liability.

The judge ordered that the award settlement be paid into court and will be used for Jessica´s future benefit. As with all compensation claim award for child injury, a court must approve an award before payment is made.

Birth Injury Brain Damage Award set at £1.12m

A £1.12m interim birth injury brain damage award has been approved in the High Court by Mr. Justice John Quirk in the case of Luke Miggin who suffered brain damage during his birth in 2006.

The court was advised how Luke’s mother, Emily, was taken to hospital at 5.30am on the morning of February 26 2006 in preparation for Luke´s birth, under the care of consultant obstetrician Michael Gannon. It was claimed that Dr Gannon did not take note of decelerations in the child’s heart rate during CTG traces throughout the day, which should have led him to conclude that delivery by Caesarean section was necessary.

Instead, Dr Gannon delayed until 3.30pm to order the administration of the labour-inducing drug Syntocin, and delivered Luke by forceps at 5.05pm that evening. Luke instantly required resuscitation and was transferred to the special baby care unit. Luke is now four years old and has cerebral palsy, uses a wheelchair and will need 24-hour care for the rest of his life.

Liability was admitted by the health service and consultant obstetrician Michael Gannon, and in approving the interim award, Mr Justice John Quirke stated that should legislation not be in place within two years to deal with lifetime care in catastrophic injury cases, the case will be re-listed for further consideration.

Car crash passenger awarded £4m in compensation

Caroline Bogue, a car crash passenger from Belturbet, County Cavan, has obtained a settlement of over €5 million in a High Court settlement after an uninsured car in which she was travelling as a passenger crashed into a tree, resulting in severe injuries. She suffered brain damage and will require assistance for the rest of her life.

The accident happened on May 1st, 2003, when Caroline Bogue was 17 years old.

The case was taken against the car driver Declan Bogue, the owner of the car Ciaran Bogue, and the Motor Insurance Bureau of Ireland. Liability was denied in the case on the grounds that Caroline Bogue was aware that car was uninsured and was allegedly taken without the permission of the owner. The settlement was made without any party admitting liability.

Mr Justice John Quirke said that the case highlighted the necessity for a new system of staged payments in personal injuries cases.

Compensation from City Council for Footpath Fall

Nathan Clarke, has been awarded compensation from City Council for footpath fall of €40,000 from Dublin City Council over alleged failure to clean broken glass from a public foot path outside his home.

The accident occurred in 2001 when Nathan Clarke was seven years of age and resulted in extensive injuries to his left hand that required surgery in hospital.

In the the compensation case was taken by Nathan’s father Joseph Clarke, who acted as next friend in the High Court case.

It was alleged in court that City Council had failed to carry out its statutory duty to keep the foot path clear and that the council was guilty of nuisance by allowing broken glass to accumulate on the pavement in an area used by children to play.

Birth Injury Litigation results in £1.67m payout

Mister Justice John Quirke has approved a partial settlement of £1.67m in the High Court for Brid Courtney in a birth injury litigation case.

The action was taken against the health service agreed to the settlement without admitting liability.

It was alleged that the hospital failed deliver the baby as quickly as necessary, causing the baby to suffer brain damage. It was also alleged that the hospital failed to note a sudden change in the foetal heart rate pattern.

The legal action was brought for Brid Courtney by her mother Deirdre Courtney.

Child Brain Damage from Injury Claim is set at £1.6m

A seven year old girl, brain damaged at birth due to a delayed delivery, has had an initial child brain damage from injury claim settled for a sum of £1.6m in the High Court by Mr Justice John Quirke. Brid Courtney is unable to speak, is confined to a wheelchair and only able to communicate by using facial expressions. She took the action against the Health Service through her mother, Mrs Deirdre Courtney.

It was claimed that at the time of Brid’s birth in February 2003, nursing staff at hospital failed to act when there was a sudden and dramatic change in her foetal heart rate pattern. When labour was induced and the baby delivered following almost an hour’s delay, Brid was unable to breath and an emergency team of doctors had to resuscitate her. She was subsequently diagnosed as suffering from cerebral palsy. The court was advised that despite being completely dependent on her parents, Brid was a “joyous, happy child” and was intellectually sound with a normal IQ of 106. Even though her profound physical disabilities will stop her from enjoying a normal childhood and shorten her expected lifespan, the court was told that Brid “communicates in a humorous way with everybody around her”.

The settlement was reached without admission of liability by the Health Service, and was made under the new “periodic payments system” which means that the case will return to the High Court in November 2012 to determine how much Brid’s family should receive to fund her future care. Again, she will be represented by her mother and, as is the case with all child injury claims, have to have any compensation settlement approved by court.

As he was officially approving the compensation settlement, Mr Justice John Quirke praised Mr and Mrs Courtney for the years of care they had given their daughter. He told the court: “It’s very inspiring to the rest of us to see what you’ve done. It really is remarkable.”

Cancer Misdiagnosis Settlement leads to compensation settlement

Camilla Freehill was finally able to resolve her High Court action of alleged medical negligence against the Health Service with an undisclosed cancer misdiagnosis settlement for the health service’s failure to diagnose and treat her breast cancer.

The judge heard from the claimant’s counsel, shortly before High Court proceedings were about to commence, that an agreement had been reached with no admission of liability by the health service, but which includes an undertaking to pay for future reconstructive surgery on a private basis.

Ms Freehill, aged 65, was initially referred to hospital in 1993 for mammography and on many occasions thereafter. She claims that the hospital wrongly assumed in 2002 that an abnormality in a mammogram related to scar from previous surgery when, she claims, it had in fact failed to ask if she had previously undergone surgery.

Additional mammograms in 2004 and 2005 reported an area of “architectural distortion”, which in both cases were categorised as benign. It was not until 2007 that a biopsy was performed on the area and established cancer diagnosed in her left breast and lymph nodes.

Three weeks later, Ms Freehill had to undergo a mastectomy and, in her claim, alleged that subsequent chemotherapy and radiotherapy created other medical problems including infections and allergic reactions. Ms Freehill also alleged that the radical surgery would have been unnecessary had the hospital correctly recognised and acted upon the findings of the earlier mammograms.

Despite the final settlement being decided upon with no admission of liability by the health service, they admitted a failure to properly diagnose and treat Ms Freehill during a period from 2000 to 2007, but denied any negligence in her treatment prior to 2000 and responsibility for the deterioration of her condition due to the misdiagnosis.

Navan Man Awarded Compensation for Assault by Nightclub Doormen

A nightclub attendee has been awarded compensation for injuries he sustained after being assaulted by two doormen in Navan, Co Meath. Glen Turner had insisted that his pre-existing epilepsy has significantly worsened since the assault, which happened in September 2001.

Although the full terms of the settlement were not disclosed, Mr Turner told Mr Justice Iarflaith O’Neill that the terms of a settlement included a payment of €100,000. The claim was pursued against Quinn Hotels Ltd, which operates the Ardboyne’s Hotel. Quinn Hotels Ltd operates from offices at Hotel Kilmore, Dublin Road Co Navan.

Medical Council Allows Doctor Who Removed Kidney from Young Boy to Keep Job

A Medical Council fitness-to-practice committee has ruled that a doctor who removed the wrong kidney from a young boy will avoid a charge of professional misconduct after choosing to invoke Section 67 of the Medical Practitioners Act 2007 which allows doctors to undertake not to repeat errors. The ruling has attracted significant criticism from the media.

The young boy, who was left with a barley functioning kidney, has had to undergo dialysis on a regular basis. He may eventually need a transplant. The botched operation took place at Our Lady’s Hospital for Sick Children in Crumlin in March 2008.

The mistake came despite the boy’s parents’ repeatedly seeking clarification of which kidney was to be removed. It was later revealed that no-one had reviewed the boy’s e-ray before entering the operating theatre.

Faulty Hip Replacement Recall in Ireland Begins

Following the faulty hip replacement recall in Ireland made by DePuy Orthopaedics last month, the Health Service Executive (HSE) has reported that 3,516 patients have been implanted with the recalled DePuy ASR XL Acetabular and DePuy ASR Articular hip replacement systems since the medical devices were introduced into the country in 2003.

According to data from the UK´s National Joint Registry, 13 per cent of these devices have “failed” within the first five years of being implanted due to friction between the ball and cup of the metal on metal hip replacements. The metal debris released due to this friction then weakens the bone and tissues surrounding the implant, causing it to become loose. The metal debris has also been attributed to pain, inflammation and other health issues surrounding the implant.

DePuy Orthopaedics have stated that they will cover the medical costs of the faulty hip replacement recall in Ireland, but no mention as yet been made of compensation to patients for their pain and suffering. Revision surgery – the process to take out the faulty hip replacement and implant a new one – can be more complicated and painful for the patient, due to the damage to the hip bone and surrounding tissues, and patients may have an extended recovery and rehabilitation period.

In order for the HSE to recover costs incurred in the faulty hip replacement recall in Ireland, patients are being asked to sign medical consent forms allowing DePuy Orthopaedics access to their medical records and the return of the faulty hip replacement after surgery. Our advice is DO NOT SIGN THE DEPUY CONSENT FORMS without first seeking professional legal advice. The explanted faulty hip replacement may be required in future litigation if an appropriate offer of  compensation is not forthcoming.

Beauty Salon Waxing Injury Claim Paid

A beauty salon waxing injury claim has been settlement has been paid by the So Belle beauty salon in the Ashleigh Centre, Castleknock, County Dublin to Suzanne Kelly of Clonsilla, County Dublin. The waxing injury claim of €38,000 was made  over severe rash burns to her armpits and groin following an unsuccessful waxing.  The victim suffered a painful rash and swelling in the affected areas.  Although the beauty salon entered a full defence in the Circuit Civil Court, it made an undisclosed settlement.

Mental Stress Compensation Paid to Siblings of Bus Fatality Girl

Three siblings of a girl, who was killed in a tragic bus accident in Dublin, have settled their claims for mental stress compensation against the bus company for undisclosed sums.

It was alleged that the three siblings of Jennifer Hoban, who died in November 1997 when she was hit by a bus while crossing the Killinarden Way in Tallaght, each suffered a prolonged grief reaction to witnessing the accident.

David Hoban (21), Kenneth Hoban (24) and sister Elaine Hoban (25) all claim to have suffered psychological injury and made a claim for mental stress compensation against Dublin Bus. Their settlements have been paid “without prejudice” – meaning that details of the compensation settlement can only be revealed if all parties agree.

Last Minute Settlement Agreed for Cerebral Palsy Claim

A man, who sustained birth injuries due to the alleged negligence of medical staff at the Erinville Hospital in Cork, agreed to a settlement of his cerebral palsy claim just minutes before the court hearing to determine his case was about to start.

Dermot Moylan (21) of Mallow, County Cork had sued the Erinville Hospital along with the Southern Health Board, Dr David Jenkins and Dr John McKiernan in relation to the circumstances surrounding his birth in 1989. Through his mother, Anna Moylan, it was alleged that Dermot was deprived of oxygen at the time of his birth due to a lack of care by medical staff.

As a result of brain damage due to oxygen deprivation, Dermot suffers from severe cerebral palsy, epilepsy and other health complications, and will required around-the-clock care for the rest of his life. The allegations of negligence were disputed by the defendants, however shortly the case to hear Dermot´s cerebral palsy claim for compensation was about to start, by Mr Justice Iarfhlaith O’Neill was informed that a settlement had been agreed upon.

A decision to offer cerebral palsy compensation of 4.25 million Euros had been made by the defendants, and this offer was accepted by Anna Moylan on behalf of her son. The judge, once he had heard all the details the cerebral palsy claim settlement, approved the agreement.

Needle Injury Compensation Awarded for Bus Syringe Jab

A man who was jabbed by a syringe which had been discarded on a Dublin bus has been awarded 25,000 Euros in needle injury compensation after a hearing at Dublin´s Circuit Civil Court.

Gareth Quinn of Clondalkin, County Dublin, was taking his seat on the 78A bus at the Liffey Valley Shopping Centre in February 2005 when he sustained a needle injury to his leg from a syringe which had left by the seat.

When Gareth alerted the bus driver, an ambulance was immediately summoned which took him to hospital and the syringe was analysed for contamination. Although tests on the needle found no traces of hepatitis B or hepatitis C, Gareth underwent a series of blood tests for three years until it could be guaranteed that he was at no risk of infection.

Gareth brought a claim for needle injury compensation against Dublin Bus, claiming that the bus company were negligent in failing to provide safe transportation for its customers.

At the Dublin Circuit Civil Court, Judge Joseph Matthews agreed that visual inspection of the bus had been insufficient and awarded Gareth 15,000 Euros for the pain and inconvenience he had already suffered with a further 10,000 Euros for future suffering.

Compensation for Fatal Medical Negligence Awarded to Family

The family of Miriam Jackson, who died in hospital in 2004 after a catalogue of medical errors, have been awarded 564,000 Euros in compensation for fatal medical negligence at Dublin High Court.

Miriam had been admitted to Our Lady´s Hospital in Navan in September 2004 with a small bowel obstruction however, as Mr Justice Iarfhlaith O´Neill at the High Court heard, symptoms such as chest tightness, shortness of breath and a temperature of 38.2 degrees were overlooked. Even when an E coli infection was discovered, no treatment was provided until after it had developed into septicaemia, and a medical consultation requested by the surgical registrar failed to take place.

A compensation claim for fatal medical negligence was brought by Miriam´s husband, Derek, who also sued on behalf of his three children. The claim alleged over twenty instances of medical and hospital negligence and, after an internal investigation, Our Lady´s Hospital and the Health Service Executive admitted liability for Miriam´s wrongful death.

As the negligence responsible for Miriam´s death had been acknowledged, the case was before Mr Justice Iarfhlaith O´Neill for assessment of damages only. Having considered the case and the psychological damage that Miriam´s husband and three children had endured, he awarded 564,000 Euros in compensation for fatal medical negligence to the family.

Child Injured on Bouncy Castle Claims €1.2m

An award has been made to a young boy in a child injured on bouncy castle claim. Sam Harris , then aged 11, was brain damaged when a boy of 15 kicked him in the head during a somersault. The incident two years ago has left Sam Harris needing constant care.  The resulting child accident injury compensation claim has led to a €1.2 Million compensation payment.

A case was taken by Janet and David Harris against the parents (Catherine and Timothy Perry) who had hired the bouncy castle on the basis of poor supervision, especially allowing older children by younger children.  The judge ruled on the question of liability by stating that “The risks of a damaging collision are manifestly enhanced by mixing children of different sizes.”

The household insurance policy of Catherine and Timothy Perry will pay the compensation award.

The legal action was considered something of a landmark case in the UK because it sets the precedent that the person hiring a bouncy castle is liable for injuries suffered by children using the bouncy castle.

A recent child injured on a bouncy castle claim in Ireland involved a five-year old girl that broke both wrists on an inflatable slide when she collided with a woman sitting at the bottom of the slide.  A leisure centre in was ordered in the High Court to pay 20,000 euro in damages.

Family Agree Compensation for Cosmetic Surgery Fatality

The family of Kay Cregan – a mother of two from County Limerick who died on St Patrick´s Day in 2005 following a facelift procedure in New York – have agreed to a settlement of 3.1 million dollars in compensation for cosmetic surgery fatality with the insurers of  the negligent surgeon, anaesthesiologist and a post-operative care nurse.

Kay (42) had flown to New York and paid plastic surgeon Dr Michael Sachs 32,000 dollars for the facelift procedure as a surprise for her husband, but her good intentions turned into tragedy when, as a result of the surgery, Kay started to bleed into her pharynx. It is believed that, because Kay was lying on her back at the time, the blood went to the back of her pharynx and clotted. When she later went to the bathroom unassisted the clot loosened, travelled down her trachea and prevented her from breathing.

The nurse on duty, Susan Alonzo Francisco, found Kay motionless on the bathroom floor but did not know how to intubate her to enable air into her lungs. Eventually the nurse called the emergency services, but by the time Kay arrived at St. Luke´s Roosevelt Hospital little brain function could be found. Kay remained on a life support machine for two days before it was eventually switched off.

Dr Sachs, Nurse Alonzo Francisco and the anaesthesiologist – Dr. Madhavrao Subbarao – were all named as defendants by Kay´s husband, Liam, in the resultant claim for cosmetic surgery fatality compensation. Dr Sachs for causing the initial bleed due to his negligence, nurse Alonzo Francisco for taking an unjustifiable length of time to call the emergency services and Dr Subbarao for leaving Kay in the care of a nurse who was unable to perform the intubation procedure.

The agreement came five years after the tragedy, and shortly before a jury at the New York Supreme Court were to announce their verdict on how much compensation for cosmetic surgery fatality should be paid to husband Liam and Kay´s two sons.

Compensation for Amputated Leg Approved for Teenager

A young boy, who lost his right leg in an accident on a Waterford farm, has had a 1.28 million Euros settlement of compensation for amputated leg approved at Dublin´s High Court.

TJ Kearns (17) from Viewmount, County Waterford, was just nine years of age when he lost his leg in April 2001 in an accident on his uncle´s farm. As he was riding in a tractor, driven by an adult, TJ got his right leg tangled in the power harrow that was attached and, although emergency services rushed him to hospital, his injuries were so severe that the leg had to be amputated.

Mr Justice John Quirke at Dublin´s High Court heard that TJ spent many months at the National Rehabilitation Centre in Dun Laoghire and, although described as having responded well to the treatment, TJ now relies on an artificial leg to get around. Liability for the injury had been admitted by TJ´s uncles and the amputated leg claim was before him for approval of compensation only.

Having heard TJ´s story, Mr Justice John Quirke said that he had “no hesitation” in approving the 1.28 million Euros settlement of compensation for amputated leg and added that “no money could compensate TJ fully for what he had suffered”.

Cerebral Palsy Injury Compensation Approved in Court

A young boy from Sligo, who suffers from cerebral palsy due to alleged medical negligence around the time of his birth, has had a 4.5 million Euros cerebral palsy injury compensation settlement approved in court.

Evan Doyle was born with cerebral palsy and spastic quadriplegia at Sligo General Hospital in 1996 due, it was alleged, to the mismanagement of his birth. Mr Justice John Quirke at the Dublin High Court heard claims that Evan´s mother, Janice, had been given too high a dose of a labour-inducing drug and then had a monitor detached during her labour.

It was further claimed that a delay before the decision was made to deliver Evan by Caesarean section and then the late arrival of the consultant had caused Evan to be starved of oxygen in the womb – a combination of errors which, it was alleged, resulted in Evan sustaining his cerebral palsy injury.

Sligo General Hospital contested each of the claims made against it – stating that it was standard practice to administer a labour-inducing drug and to remove the monitor in certain circumstances. The hospital also claimed that the consultant had arrived within the normally permitted time limit.

However, the judge heard that Sligo General Hospital and Health Service Executive were prepared to settle Evan´s cerebral palsy injury compensation claim without admission of liability in the amount of 4.5 million Euros. The judge approved the compensation settlement, commenting that the system under which damages are assessed in such cases should be reviewed to ensure that the victim is guaranteed a life time of care.

Compensation for Car Crash Injuries Awarded to Driver

A female driver, who sustained severe back injuries after a car ran a red light and crashed into her, has been awarded 4.35 million Euros compensation for car crash injuries in Dublin´s High Court.

Claire Noone (25) from Enfield, County Meath was made the award after the High Court heard how, in November 2005, she and her boyfriend had been hit by the car as they were driving through Johnstown. Claire´s boyfriend, John Larkin, was killed in the accident and Claire sustained severe back injuries which limit her ability to walk more than short distances.

Claire claimed compensation for car crash injuries and, in the High Court, Mr Justice John Quirke made the award of 4.35 million Euros – critical of the fact that compensation law in Ireland only allowed him to award lump sum payments rather than regular annual payments. The judge described the situation as a lottery, as it is unclear how much the cost of care will be in years to come.

Child´s Claim for Injured Foot Heard in Court

A boy, who sustained a painful injury when a slab of marble fell from a fireplace mantelpiece, has been awarded 9,500 Euros after his claim for injured foot compensation was heard in the Circuit Civil Court.

William Corrigan-Hayden (8) of Tallaght, County Dublin, made the claim for injured foot compensation through his parents against the constructer of the fireplace, Liam Heeney, from Lucan, County Dublin. The court heard that although William´s injury was painful at the time, it had now healed completely.

A settlement of 9,500 Euros for William´s claim for injured foot compensation had been agreed between the parties, and the compensation for injured foot settlement received approval.

Brain Injury Compensation Claim Resolved Against Parents

A young child, who suffered severe brain damage when his mother drove an uninsured car into a wall, has been awarded 2.9 million Euros following a High Court hearing.

Ben McHale, now four years of age, from Clonmel, County Tipperary, was just an infant when the accident occurred in April 2006. Ben´s mother, Disislave McHale, was driving an uninsured vehicle owned by his father, Marcus McHale, when she suffered a blackout at the wheel and drove into a wall. Ben, who was seated in the rear seat at the time, suffered severe brain damage and was blinded as a result of the accident.

At the High Court in Dublin, Mr Justice John Quirke heard that Ben had made a brain injury compensation claim against his parents and the Motor Insurers´ Bureau of Ireland through his uncle, William McHale, acting as his “next friend”. As liability was not contested, a settlement of brain injury compensation had been agreed where Ben was to become a ward of court and compensation in the amount of 2.9 million Euros was to be paid into court for his upkeep and to pay for stem cell surgery in Dusseldorf to improve his brain development.

Ben´s legal counsel informed Mr Justice John Quirke that Ben´s life expectancy was likely to be limited to 21 years and the judge approved the settlement – at the same time extending his sympathy to the family for the unfortunate circumstances.

Compensation for Swimming Pool Injury Approved in Court

A school girl, who cut her foot on a broken plastic drain in the showers of a public swimming pool, has had the settlement of her swimming pool foot injury claim approved in the Circuit Civil Court.

Hollie McNevin from Walkinstown Park, Dublin, was just nine years of age when the accident happened in the showers of the Templeogue College Pool, Templeville Road, Dublin. Hollie slipped in the showers, cutting her foot on the drain and had to have eight stitches in the wound.

Hollie´s parents made a swimming pool foot injury claim for compensation on Hollie´s behalf and in the Circuit Civil Court Judge Joseph Matthews heard that, due to her injury, Hollie now had a scar on her foot which was likely to be permanent.

The judge also heard that liability had been accepted and an offer of 25,000 Euros in swimming pool foot injury compensation had been made to Hollie – which the family was prepared to accept. The judge subsequently approved the compensation settlement.

Settlement for Shoulder Injury at Birth Claim Approved in Court

A girl, who has limited function in her right arm and shoulder due to an injury at birth, is to receive 500,000 Euros compensation after a settlement for her shoulder injury at birth claim was approved at Dublin´s High Court.

Emma Dempsey (11) from Dublin made the shoulder injury at birth claim through her mother, Carol, against the National Maternity Hospital, Holles Street, Dublin, and consultant obstetrician Dr Peter Lenehan who practices at the Blackrock Clinic in Dublin.

It was alleged in the claim for malpractice that Emma sustained an avoidable shoulder injury at the time of her birth due to a lack of skill by Dr Lenehan and the medical team at the National Maternity Hospital – a charge which both defendants denied.

However, the High Court in Dublin heard that an offer of compensation of 500,000 Euros had been made to Emma without admission of liability in respect of her should injury at birth claim and, after hearing evidence relating to the case, the compensation settlement was approved.

HSE Issue Apology and Settle Claim for Delayed Cancer Diagnosis

The Health Service Executive has issued an apology to the family of John McNeive and settled a claim for delayed cancer diagnosis compensation following his death from neck cancer in August 2005.

John (59) from Ballindine, County Mayo, had started to experience headaches in 2003 and was referred to University College Hospital in Galway for tests. He was examined by a neurologist and, when a swelling later developed on his face, was sent for a CT scan at Beaumont Hospital in Dublin.

Despite the scan showing a malignant tumour, neither a biopsy nor a follow-up appointment were organised, and it was not until April 2005 that John was diagnosed with neck cancer. John died in a County Mayo hospice just four months later.

John´s family made a claim for delayed cancer diagnosis compensation against the Health Service Executive, claiming personal injury compensation for the mental stress that the delayed cancer diagnosis had caused.

At the High Court in Dublin, Mr Justice John Quirke heard that the family and Health Service Executive had reached an agreement on a delayed cancer diagnosis settlement of 102,000 Euros – one which he approved while offering his sympathy to John´s widow Eileen and other members of the McNeive family who were in attendance.

Personal Injury Claims in Ireland on the Increase

Figures released by the Injuries Board have revealed that the number of personal injury claims in Ireland increased by 5 per cent from 2008 to 2009. However, of 25,919 new claims received by the Injuries Board, only 8,645 settled for the amount assessed.

The disparity between the two figures was explained by more personal injury claims in Ireland being settled by negotiation before an assessment is complete, an increase in the number of claims that are going directly to court and claims in which the Injury Board´s assessment is rejected for being too low.

The majority of personal injury claims in Ireland made to the Injuries Board were for traffic accident compensation, with remainder mostly comprising of claims for injuries sustained at work and those involving public liability compensation.

The total value of assessments for personal injury claims in Ireland that were accepted by the claimants amounted to just over 118 million Euros, with the average value of an assessment being 23,166 Euros – a decrease of 5 per cent from 2008.

Child Shoulder Injury Compensation Approved in Court

A boy who sustained a shoulder injury at birth and who now has one arm shorter than the other as a result has had a child shoulder injury compensation settlement of 300,000 Euros approved in the High Court.

Daniel James O’Connell (now 14) of Portlaoise, County Laois, brought the medical malpractice claim against the Midland Health Board (now the Health Service Executive) and consultant obstetrician and gynaecologist John Conway through his mother – Valerie O´Connell – claiming that his condition was due to medical negligence during his birth in March 1995.

The court heard that the Health Service had offered an amount of 300,000 Euros in child shoulder injury compensation which the family were prepared to accept under advice. The compensation offer was approved and it was noted that the payment of child should injury compensation was being made without admission of liability.

Designer Awarded Compensation for Whiplash Symptoms

An interior designer, who was hit on the head by a falling display frying pan, has been awarded 12,240 Euros in compensation for whiplash symptoms by a judge at Dublin´s Circuit Civil Court.

Mr Justice Matthew Deery heard how Francesca De Cataldo (33) from Dublin had been ascending the stairs at the Avoca Restaurant in June 2005, when a metal frying pan which had become dislodged from its display shelf fell and hit her on the head.

Although she sustained no physical injury, Francesca described to the court how she had suffered stiffness in her neck and shoulders after the accident and had developed light-headedness, feelings of nausea and sleeplessness – similar to whiplash symptoms.

The Avoca Restaurant denied the claims, stating that the only witness to her accident – a store security man – could not confirm what exactly had caused Francesca to fall on the stairs. However Mr Justice Matthew Deery said that he was satisfied that Francesca´s story was credible and awarded her 12,240 Euros in compensation for whiplash symptoms against the store.

Holiday Compensation for Psychological Injury Approved

Two children, who suffered an emotional trauma while on a family vacation in Lanzarote, are each to receive 6,500 Euros holiday compensation for psychological injury from the travel company through whom the family booked their holiday.

The unnamed children were sleeping in their Los Orquideas apartment in Puerto del Carmen when intruders broke in at 3.00am. One of the intruders went into the children´s bedroom brandishing a long screwdriver and terrified the two children – who were aged eight and five at the time of the break-in in May 2002.

The intruders escaped with 1,600 Euros in cash, 12,000 Euros worth of jewellery, passports and a credit card. The parents of the children claimed injury compensation from Budget Travel on the basis that the company had failed to provide them with secure accommodation and, in a separate hearing at the Killarney Circuit Court obtained holiday compensation for psychological injury of 28,400 for their own loss of property and emotional trauma.

The compensation settlement for the two children was delayed to assess the extent of the psychological injury, but now their own settlements have been approved by a judge.

Toxic Lead Paint Poisoning Case leads to €2m award

A Baltimore City brother and sister have recently been awarded €2m in a toxic lead poisoning case for their exposure in a West Baltimore house that was sold to the family as safe from lead paint by a nonprofit organisation called City Homes.

The charity pointed out that the home cleared city lead inspections before and after the siblings had lived there and also that the charity had been responsive to all of the claimant’s concerns.

However, experts testified that the house was not completely “lead safe” and that both siblings have below average IQs as a result of lead paint poisoning. The jury heard evidence that there had been efforts to minimise the possibility of lead paint exposure, that there was paint chipping and flaking on surfaces, that rats had chewed at the walls and had brought lead dust through the house.

Lead paint was outlawed in 1978 in the United States by the U.S. Consumer Product Safety Commission.  Lead paint poisoning can cause severe and permanent brain damage and developmental issues in children, nervous system injury seizures or convulsions, growth or mental retardation, and comas. In extreme cases, it can lead to death.

Hospital Negligent in Failure to Diagnose Meningitis

Mark Thomas has just been awarded €3.9million in compensation for a hospital being negligent in failure to diagnose meningitis, compounded by the fact that the victim was turned away from Walsall Manor Accident and Emergency Department and his parents were admonished at the time for ‘misusing the emergency services’.  It took a second opinion five days after the initial hospital visit to determine that Mark Thomas had contracted meningitis.

In this tragic case, Mark Thomas has been left with brain damage and no short term memory and will never be able to work or live without the help of a carer.

Meningitis is an inflammation of the protective membranes covering the brain and spinal cord. Some of the usual symptoms include headaches, neck stiffness, fever, confusion, vomiting, and light or noise intolerance. Meningitis is  life-threatening and has a high mortality rate if left untreated and delayed treatment can result in brain damage.  Wide-spectrum antibiotics are therefore normally prescribed immediately, even before confirmatory tests.

Wives Share Laparotomy Compensation after Husband´s Death

Two wives are to share 400,000 Euros laparotomy compensation following an out-of-court settlement between their legal representatives, insurers of St. James´s Hospital in Dublin and the Health Service Executive (HSE).

Arjuna Rawlings (39) from Dublin brought the laparotomy compensation claim against the hospital and HSE following her husband´s wrongful death after a routine surgical procedure to gain access into the abdominal cavity. David Rawlings (40) died the day after the procedure had taken place due to complications with the surgery and vain attempts to resuscitate him.

St James´s Hospital and the HSE did not contest the claim for laparotomy compensation and it was due to go before Mr Justice Nicholas Kearns at the High Court for assessment of damages. However, shortly before the trial was due to commence, Mr Justice Nicholas Kearns was told that an agreement had been reached and the case could be struck off.

In the settlement of Arjuna´s claim, she is to receive 250,000 Euros, while David´s previous wife – Fiona Rawlings, with whom David had a daughter – is to receive 150,000 Euros. This was agreed as David, who worked as an engineer, had been financially supporting Fiona and their daughter while being married to Arjuna.