Injury Compensation News

A High Court judge has approved a €1.5 million settlement of compensation for an arm amputation accident that resulted in a young child having his arm cut off by a lawnmower blade.

Conor Byrne (6) from Kilva in County Cork was just two years of age when the accident occurred in his aunt´s garden in Carrigogna in May 2009.

Conor had been playing on the patio of his aunt´s home while his mother was helping her sister plant flowers in the garden, but the little boy slipped down the embankment onto the lawn where his cousin was operating a drive-on lawnmower.

Despite the lawnmower having a protective guard shielding the blade, Conor´s right arm went under the guard when he fell and it was amputated just below the elbow. Conor was rushed to Cork University Hospital, but doctors were unable to re-attach the severed arm.

At the High Court in Dublin, Mr Justice Feeney heard that Conor´s father – Ciaran – had made a compensation claim for an arm amputation accident against his wife´s sister and her husband – Mary and Tom Keohane – and that a settlement of €1.5 million had been agreed.

The judge was also told that the value of compensation for the arm amputation accident had been calculated with consideration of Conor´s future anticipated losses and included the cost of adaptations to the family home in Kilva.

Mr Justice Feeney approved the settlement of compensation for an arm amputation accident after hearing that, despite losing his predominant arm, Conor was getting on well at school.

The family of a man who died in an air crash in New Zealand have been told that the country´s law does not allow them to make a compensation claim for a death in an airplane accident.

Patrick Byrne (26) from County Wexford was killed when the Fletcher FU24 airplane he was travelling in crashed shortly after take-off on September 4th 2010. Patrick was killed along with three other tourists, the plane´s pilot and four sky-dive instructors in the accident at the Fox Glacier Airstrip in Westland.

The cause of the crash was never identified after two independent investigations resulted in contradictory theories due to much of the plane being destroyed by the fire which started as the plane crashed.

The coroner at the inquest into the nine deaths concluded that the cause of the accident may never be known, but suggested that it could have been caused by the plane being unbalanced due to unrestrained passengers moving about in the back of the airplane.

Families of the victims have written to New Zealand´s Prime Minister – John Key – asking that stronger safety enforcement is introduced as, at the minute, there is no legislation in New Zealand that airplane passengers should wear seatbelts during take-off.

The families have also called on the Prime Minister to address the country´s laws which do not allow them to make a compensation claim for a death in an airplane accident. New Zealand law does not allow companies to be taken to court for negligence and compensation is decided by the New Zealand Accident Compensation Corporation (ACC) – a department of the Government responsible for compensating personal injuries to residents and visitors to New Zealand.

The compensation for a death in an airplane accident awarded to the families of the victims by the ACC amounted to approximately €3,200 – not even enough to repatriate the bodies of the airplane disaster victims home to their loved ones.

A 32-year-old ex-Garda, who was head-butted by a man he had taken into custody, has been awarded €27,400 Garda compensation for a broken nose in the High Court.

Julian Shanagher from Dundrum in Dublin told a Garda Compensation hearing at the High Court that in May 2009, he had been patrolling in Portlaoise, County Laois, with a colleague, when they came across a public order incident involving youths.

Ex-Garda Shanager told the court that, as the youths were asked to behave, one of them shouted obscenities at the officers and – as the youth was extremely drunk – he had been arrested, handcuffed and taken to Portlaoise Garda Station.

On arrival at Portlaoise Garda Station, ex-Garda Shanager tried to calm the arrested man, but the youth – described as “already very agitated” in court – became irate and suddenly head butted the officer in the face.

Ms Justice Mary Irvine heard that the officer was taken to the Accident and Emergency Department of Portlaoise Hospital, where x-rays revealed a nasal fracture. Ex-Garda Shanager – who has now joined the Dublin Fire Brigade – was off work for a month due to his injury and in 2010 underwent rhinoplasty surgery to re-set his nose.

Judge Irvine was told by ex-Garda Shanager´s legal representative that the former officer still experiences pain and discomfort from time to time, especially in cold weather. Ms Justice Mary Irvine awarded him €27,400 Garda compensation for a broken nose against the Minister for Finance.

An interim payment of compensation for catastrophic birth injuries has been approved in the High Court for a ten-year-old boy who suffers from severe dyskinetic cerebral palsy.

In February, the Coombe Hospital was found liable in a catastrophic birth injury claim brought against it by Dr Fiona Murphy of Malahide, County Dublin, on behalf of her son Eoin.

Eoin had been delivered at the hospital in July 2002 suffering from near total acute hypoxic ischaemia, but was not ventilated until seventeen minutes later because a paediatric registrar was not available at the time. As a consequence of the avoidable delay, Eoin´s brain was starved of oxygen and he now suffers from dyskinetic cerebral palsy.

After finding the Coombe Women’s and Infants’ University Hospital liable for Eoin´s injuries, Ms Justice Mary Irvine adjourned the case in February for the assessment of damages, and  yesterday the family were back in court to hear Mr Justice Michael Moriarty approved an interim settlement of compensation for catastrophic birth injuries amounting to €2.9 million.

The settlement is intended to provide initial support and care for Eoin, with a further hearing scheduled for two years time, when a review of Eoin´s future needs will be conducted and by which time a structured compensation payment system may be in place. After approving the settlement, the judge said it had been “a harrowing, taxing and difficult case” for Eoin’s family and legal advisers.

As part of the settlement of compensation for catastrophic birth injuries, the Coombe Hospital is also to drop its Supreme Court appeal against the February decision which found the hospital liable for Eoin´s injuries.

A nine-year-old girl, who was scalded when a customer spilled a cup of tea on her, has been awarded €14,000 in compensation for being burned by hot tea in Burger King by the Circuit Civil Court.

Jade Boylan of Arbour Hill, Dublin, was just seven and a half years of age when, in December 2011, a cup of hot tea was spilled onto her in the Burger King restaurant in the Omni Shopping Centre in Dublin by a customer who had bumped into her.

Jade was taken to the A&E Department of the Temple Street Children´s Hospital, where she was treated for a second degree burn to her left shoulder. Jade had her wound cleaned and dressed, and was prescribed antibiotics, but the swift medical treatment failed to prevent a permanent scar developing on her shoulder.

Through her father, Michael Boylan, Jade made a claim for being burned by hot tea in Burger King against the restaurant claiming that, in addition to her physical injuries, she also became nervous around a boiling kettle.

At the Civil Circuit Court, Mr Justice Matthew Deery was told that the restaurant had made an offer of €14,000 in compensation for being burned by hot tea in Burger King and the family had been advised to accept it. After hearing evidence from Jade´s father about her accident, the judge approved the settlement.

A boy, who suffered severe physical and psychological injuries when a car he was travelling in was hit an uninsured driver, has been awarded injury compensation for a back seat passenger at the High Court.

Ben Conroy – a member of the senior Laois GAA hurling panel – was seated in the rear seat of a car which was struck from behind by another car attempting an overtaking manoeuvre on the Rushin Road in Mountrath, County Laois, on March 15th 2009.

As Ben was only 14 years of age at the time of the accident, he made a claim for back seat passenger injury compensation through his father, Ben Conroy Snr, against the Motor Insurers Bureau of Ireland (MIBI), as both the driver of the car which struck him and its owner were uninsured.

 Liability for Ben´s injuries was accepted by the Motor Insurers Bureau of Ireland, but the claim for injury compensation for a back seat passenger had to go to the High Court for the assessment of damages. After hearing evidence in relation to the nature of his injuries, Ben was awarded €20,600 by the court.

A grieving family have had a settlement of compensation for a casualty department misdiagnosis approved after hearing a statement read out in court apologising for the healthcare that resulted in death of their son.   

The parents of eight-year-old Richard de Souza made their claim for compensation for a casualty department misdiagnosis following the events of February 2011, when Ralmon and Flavia de Souza attended the A&E department of the Midland Regional Hospital in Portlaoise with their son who was suffering from chicken pox.

The two parents were concerned about a large swelling under Richard´s left arm that was hot to touch and were told by a doctor at the hospital that Richard had developed an infection. The doctor prescribed a three-day supply of antibiotics and sent the family home.

However, later that evening, Richard developed a great thirst and became delirious. The following morning he complained of feeling the need to vomit before passing out at the family home in Athy, County Kildare. An ambulance was called, but Richard was in a state of cardiac arrest when paramedics arrived and he was declared dead on arrival at the Midland Regional Hospital.

At the High Court in Dublin, Ms Justice Mary Irvine heard that Richard´s cause of death was a streptococcal infection which led to toxic shock syndrome. She was told that a patient displaying a high temperature and high pulse and heart rate would normally be admitted to hospital straight away and that had Richard been administered intravenous antibiotics at the time it would have saved his life.

The judge also heard that Ralmon de Souza had to be hospitalised due to the severity of the nervous shock he sustained on hearing about his son´s death and, because of Ralmon´s grief, eight-month pregnant Flavia de Souza had to attend her son´s funeral alone. Both parents were diagnosed with Post Traumatic Stress Disorder following Richard´s death.

As part of the €160,000 settlement of the de Souza´s claim for a casualty department misdiagnosis, an apology was read out in court apologising for the mistakes which led to Richard de Souza´s death. After hearing the apology, Ms Justice Mary Irvine approved the settlement of compensation for a casualty department misdiagnosis.

A man, who suffered lacerations due to catching his arm on the edge of a restroom coat hanger, has settled his claim for an arm injury in Starbucks Ireland.

Chris Kane (60) of Stillorgan, County Dublin, was visiting the Starbucks branch at The Oval in Ballsbridge on 23rd May 2010, when he snagged his armed on the unprotected sharp edge of a coat hanger in the restroom of the restaurant.

Chris received first aid at the time of his injury, but later attended his GP as the 13 cm laceration on his arm had continued to bleed during a conference he had attended the same afternoon. His doctor cleaned and dressed the wound, but it continued to be painful and occasionally bled for a further week.

After seeking legal advice, Chris made a claim for an arm injury in Starbucks Ireland against the restaurant, alleging that the company was negligent and failed in its duty of care to provide a safe restroom area.

The company denied liability and lodged a defence against the claim for an arm injury in Starbucks Ireland. However at the Circuit Civil Court in Dublin, Judge Alan Mahon was told that the case had been settled out of court for an undisclosed amount and the judge struck out the case.

A ten-year-old boy, who alleged through his mother that he suffered foetal distress due to a hospital´s mismanagement of his birth, has had an interim compensation settlement for cerebral palsy approved at the High Court.

Jamie Patterson from Drimnagh in Dublin was born in November 2002 at the city´s Coombe Hospital after his mother – Teresa – had been administered the drug Syntocinon to help start her contractions.

However, the hospital allegedly failed to take into account that the administration of the drug could cause foetal distress without careful monitoring, and Jamie was born with cerebral palsy and spastic quadriplegia.

Through his mother, Jamie – who is unable to talk and can only communicate through body language and facial expressions – made a claim for cerebral palsy compensation on the grounds that Coombe Hospital failed to exercise a proper standard of care for Jamie and his mother.

The claims were denied by the hospital but, at the High Court in Dublin, Mr Justice Iarfhlaith O´Neill heard that an interim compensation settlement for cerebral palsy of €1.58 million had been agreed between Jamie´s legal representatives and the Health Service Executive.

The judge also heard that the interim compensation settlement for cerebral palsy was made without admission of liability. Mr Justice Iarfhlaith O´Neill approved the settlement – saying that it was an extremely prudent settlement – and adjourned the case for two years while an assessment is made of Jamie´s future needs.

A Dublin student has been awarded €9,464 in compensation for hot curry burns after a hearing at the Circuit Civil Court.

John Patrick Starrs (32) of Tallaght, Dublin, brought his claim for hot curry burns compensation after scalding his hand on sauce provided with a takeaway meal purchased from the Kings Garden Chinese restaurant on Main Street, Tallaght in June 2010.

Circuit Court President, Mr Justice Raymond Groarke, heard in court that Mr Starrs had purchased the meal to be shared between himself and some friends and, as he was being dropped off at his home, Mr Starrs placed his hand inside the brown paper bag to retrieve his share of the meal.

However, the hot curry sauce provided with the meal had leaked from the polystyrene cup it had been packaged in, and the heat from the sauce gave Mr Starrs a severe burn to the back of his hand. Judge Groake was told that, despite running cold water over the burn, the back of Mr Starrs´ hand had turned red and he had experienced difficulty sleeping that night.

The following day Mr Starrs visited his GP, who applied a cream and referred him to Tallaght Hospital. At the hospital, the plaintiff had dressings applied to the blisters which had developed on his hand and was given a course of antibiotics to prevent an infection from developing. Mr Starrs told the court that he attended the hospital´s wound management department on several further occasions and still experiences discolouration of the skin and pain in cold weather.

After seeking legal advice, Mr Starrs made a compensation claim for burns from hot curry sauce on the grounds that the Kings Garden restaurant had been negligent by providing him with a defective cup on which the lid had become loose. The restaurant denied their liability, but in court Judge Groarke found in the plaintiffs favour – initially awarding him €12,000 in compensation for hot curry burns, but reducing it by almost a quarter to €9,464 to account for Mr Starrs´ contributory negligence of not looking into the bag before placing his hand in it.