Injury Compensation News

An elderly widow, who was the victim of poor workmanship when builders replaced a utility room in her home, has been awarded compensation for professional negligence at Dublin´s Circuit Civil Court.

Kathleen O’Leary (84), from Walkinstown, Dublin, had paid the building company Cranlowe Ltd 23,000 Euros for the work done at her home but, as Mr Justice Matthew Deery heard at the Circuit Civil Court, quantity surveyors compiled a list of twenty examples of professional negligence following the alterations to her 6 feet square (1.82m) utility room.

The court heard that shortly after the work had been completed, the utility room flooded due to inadequate drainage, causing a short-circuit of the electricity as the power supply had not been earthed. Further investigation revealed that the walls of the utility room had not been insulated properly, no under-floor ventilation had been installed and defects in the underground piping resulted in foul water leaking into the surrounding soil.

Giving evidence to the court, quantity surveyor Kevin O’Rafferty stated that had the work been carried out properly it should have cost Kathleen no more than 18,000 Euros, and it would now cost a further 14,912 Euros to have the faults repaired. The court also heard that when Kathleen confronted the co-owner of Cranlowe Ltd – Patrick Cowzer – with the litany of errors, he had become abusive towards her.

Mr Justice Matthew Deery was told that Kathleen´s claim for professional negligence had been granted in default of defence in November 2011, and the case was now before him for assessment of damages. The judge ruled that Cranlowe Ltd should pay Kathleen 14,912 Euros compensation for professional negligence – sufficient for Kathleen to have the necessary repairs made to her utility room – and a further 3,500 Euros to account for the emotional stress Kathleen had endured.

People contracting food poisoning from contaminated watermelons could be entitled to make salmonella compensation claims following the news that the Food Safety Authority of Ireland are investigating four cases of illness which are believed to be attributable to imported fruit from Brazil.

One person is known to have died in England after eating a watermelon slice containing “Salmonella Newport”, with scores more food poisoning cases being investigated throughout the UK and Germany. Typically, illnesses have commenced within three days of eating a pre-packed slice of watermelon and symptoms of the illness including vomiting, abdominal pains, fever and diarrhoea last for four to seven days.

The advice issued by the Food Safety Authority of Ireland is to thoroughly wash all fruit and vegetables before consuming them and, should the symptoms of food poisoning commence, seek medical attention immediately. Early treatment with antibiotics will reduce the effect of the salmonella food poisoning and ensure a quicker recovery from the illness.

People who are confirmed as suffering from food poisoning attributable to watermelon slices are urged to get claims advice from a solicitor before making salmonella compensation claims directly to the Injuries Board. Inasmuch as the respondent in your claim is likely to be the retail outlet from where the contaminated watermelon was purchased, the Food Safety Authority of Ireland may establish a different negligent party in the course of their investigation.

A girl, who tripped and fell in a hole due to the alleged negligence of an international construction company, has had her settlement of child trip and fall compensation approved at the Circuit Civil Court.

Kodie Geoghegan Dowdall (12) of Ballymun, Dublin was on her way to visit her aunt in December 2006, when she tripped and fell into a hole which had been dug by the construction company SIAC. Sustaining a cut to her head which has since developed into a permanent scar, Kodie made a child accident claim against the company through her mother.

Circuit Civil Court President, Mr Justice Matthew Deery, heard that SIAC Construction denied that they had been negligent but were willing to offer a settlement of 20,000 Euros in child trip and fall compensation. After hearing that the scar could be treated with excision and resuturing once Kodie turned eighteen, Mr Justice Matthew Deery approved the compensation settlement.

The Medical Council is investigating claims of doctor negligence against a Dublin GP who allegedly over-prescribed psychoactive benzodiazepines.

It is claimed that Dr Mohammed Ahmed Khan, who practices in Wicklow Street, Dublin, prescribed up to four times the recommended dosage of drugs such as Valium to patients suffering from anxiety and depression. The Medical Council are also looking into claims that Dr Khan failed to make adequate enquiries as to whether any of the patients he was prescribing these drugs to were already being treated by another doctor.

Dr Khan has also been accused of poor professional performance due to his alleged failure to refer patients with a dependency on benzodiazepines to drug treatment centres or specialist substance misuse practitioners and due to his reliance on prescription drugs where an alternative form of treatment may have been more beneficial to the patient or in their best interests.

The Medical Council regulates doctors to practise medicine in the Republic of Ireland.  Its statutory role, as outlined in the Medical Practitioners Act 2007, is to protect the public by promoting and better ensuring high standards of professional conduct and professional education, training and competence among registered medical practitioners.

A boy who sustained cerebral palsy due to a mismanaged birth has had the settlement of his hospital negligence claim approved by the High Court in Dublin.

Kyle McMahon from Nenagh in County Tipperary was born at the St Munchin’s Regional Maternity Hospital in Limerick the day after his mother – Theresa – had been admitted suffering from raised blood pressure. Labour had been induced to speed up Kyle´s birth, but during his delivery Kyle suffered severe foetal stress and was starved of oxygen. Following his birth, Kyle was diagnosed as suffering from cerebral palsy and now needs round-the-clock care.

In a claim for mismanaged birth injury compensation made through his mother, it was alleged that Kyle´s injury could have been avoided with a better handling of the situation. Neither St Munchin’s Regional Maternity Hospital nor the Health Service Executive disputed the allegations, and a compensation package was agreed in respect of Kyle´s hospital negligence claim.

The High Court in Dublin heard that the case was before them only for approval of the compensation settlement as Kyle is still under eighteen years of age.

A teenage boy who fell and broke his wrist on a Dublin City Council playground has had an offer of compensation in respect of his playground accident claim approved at the Circuit Civil Court.

Terence Power (15) from Dublin fell in the playground at St. Mary´s Place while playing football with friends. The accident occurred after Terence caught his foot in a poorly maintained perimeter fence and, after X-rays revealed that he had suffered an undisclosed fracture of the left wrist, Terence had to wear a plaster cast for five weeks.

Circuit Civil Court President, Mr. Matthew Deery, heard how the accident had hindered Terence´s training to be a boxer and that Dublin City Council had offered 12,000 Euros in settlement of Terence´s playground accident claim. Mr. Deery was told by Terence´s legal representatives that Terence and his family were happy to accept the offer of playground fall compensation, which was duly approved.

Following the discovery of a design fault in the belts of “Antilop” high chairs, an IKEA high chair recall has been announced for all “Antilop” high chair belts purchased between 2007 and 2011.

 The IKEA high chair recall follows reports to the company of the restraining belt on the high chair opening unexpectedly and presenting the risk of a child falling from the seat. At least three children are known to have sustained injuries due to the faulty product – entitling their parents to make IKEA high chair injury compensation claims on their behalf.

 Throughout the world, an estimated 1.2 million IKEA high chairs are affected by this design fault, potentially developing into a significant number of IKEA high chair injury claims. Parents concerned about the safety of their high chair should look on the underside of the chair for the supplier number (#17389) and a production date between 0607 and 0911.

It is not only IKEA who may be liable for injuries sustained due to faulty belts on the “Antilop” high chairs. Business premises such as restaurants and crèches which provide “Antilop” high chairs for their clients´ use may also be liable if a child sustains an injury on their premises due to the proprietor failing to take action following the IKEA high chair recall.

Parents of children who have been injured due to these faulty belts have a right to claim IKEA high chair injury compensation through the Injuries Board, but are advised to seek advice from a personal injury solicitor experienced in product liability claims beforehand.

For PIP implant information, contact the Irish Medicines Board on 01 6764 971.

An estimated 1,500 women could be facing an uncertain New Year, and seeking advice on breast implant compensation claims, following the latest developments in relation to the Poly Implant Prothese (PIP) Recall in Ireland.

Advice provided at the time of the initial recall in March 2010 by the Irish Medicines Board was for women concerned about their PIP breast implants to speak with their original implanting surgeon and undergo an ultrasound scan if it was felt that the integrity of the breast implant sac had been compromised.

However, following the death of a woman in France from anaplastic large cell lymphoma and a high profile social media campaign by women who are witnessing unusual illnesses, the French government has now advised all women who received the recalled breast implants to have them removed.

The French government´s concern may be justified. After the recall of the PIP breast implants for a higher than usual rate of rupture, it was discovered that the silicone gel inside of the implant sacs was not the same medicinal grade that had been passed by the French health and safety authorities, but a cheap substitute which is more commonly used in the manufacture of mattresses.

Although the breast implant recall in Ireland only affects women who underwent cosmetic surgery for aesthetic purposes, many of the potential victims could be entitled to make breast implant compensation claims to cover the cost of removing the recall breast implants, the unnecessary pain and suffering that a further operation would cause and for the emotional trauma this scenario has created – both prior to surgery and thereafter.

 Note: The breast implant recall in Ireland affects an estimated 1,500 patients who received Poly Implant Prothese breast implants from January 2001 to March 2010 at the following clinics:-

• Shandon Street Hospital in Cork
• Clane Hospital in County Kildare
• Harley Medical Clinic in Dublin

In all cases where you suspect that you may have a Poly Implant Prothese breast implant, seek medical attention at the earliest possible opportunity.

For PIP implant information, contact the Irish Medicines Board on 01 6764 971.

A woman, who was deprived of her inheritance due to her mother-in-law´s grief at the loss of her son, has won a High Court judgement and almost 1.6 million Euros in medical malpractice compensation against the medical practitioners responsible for his wrongful death.

Michael Davoran (47) from Ballyvaughan, County Clare, died in August 2003 from a chronic colitis condition. His widow Grace claimed in an action against the Health Service Executive (HSE), consultant gastroenterologist John Lee and consultant surgeon Oliver McAnena, that Michael continued to be treated with medication after being admitted to University College Hospital, Galway in July 2003, even though his condition was deteriorating.

Mr Justice Iarfhlaith O’Neill at Dublin High Court heard that, because of the alleged medical malpractice of the three defendants, Michael had to undergo surgery on August 21st 2003 after it had been noticed that his condition was not improving, and then again on August 29th when an emergency laparotomy was performed due to Michael´s health getting worse despite the surgery. Michael remained in the Intensive Care Unit at University College Hospital, Galway, until two days later, when he suffered a fatal cardiac arrest due to multiple organ failure.

Mr Justice Iarfhlaith O’Neill at Dublin High Court heard that, as a result of Michael´s alleged wrongful death, his mother, Maura, changed her will in her grief to disinherit Grace and her four children from the family´s 623 acre Ballyalben Farm. Maura subsequently died, leaving the family farm and its income to her daughter, while Grace and her family – who had worked Ballyalben Farm all their lives – now had to rely on the income from the adjacent, much smaller Ballycahill Farm.

The defendants did not deny liability for Michael´s death, but argued that it was a disagreement between Michael´s widow and mother which was responsible for the disinheritance. Mr Justice Iarfhlaith O’Neill rejected the argument, stating that even if this was the case, it could be attributed to the mother´s distressed state of mind after her son´s death. Furthermore, he stated, he was satisfied that had it not been for his wrongful death, Michael´s dependents would have inherited the Ballyalben Farm.

Finding in favour of Grace´s claim for medical malpractice compensation, the judge awarded her 1,312,275 Euros for the loss of inheritance of Ballyalben Farm, 184,271 Euros in loss of income from farming the estate and 50,436 Euros to represent half the estimated loss that Michael´s dependants incurred from rental income – assuming that they would have moved out of the Ballycahill Farm after Maura´s death and rented it.

An error in the dosage of flu vaccine given to the public and the Health Service Executive´s own staff has the potential to result in medical negligence claims.  

Red-faced officials at the HSE admitted that child dosages of the flu vaccine had been administered to almost 500 members of the public and 850 employees at eleven HSE centres in the Dublin and Mid-Leinster regions – leaving them at risk of contracting a flu virus when the recipients of the vaccine would have believed they were protected against infection.

The error only came to light after a pharmacist queried why so much vaccine remained in the syringe after administering the “recommended” dosage, and it is believed that 75 of 835 pharmacists trained to give flu vaccines to those most at risk from contracting the virus were incorrectly trained by Hibernian Healthcare.

The company has now acknowledged its error and agreed to cover the cost of providing second flu vaccines to ensure recipients are adequately protected. However the question of whether a person who fails to receive a booster vaccine, and then falls ill from the flu, is entitled to make a medical negligence claim for compensation still remains open.

The majority of the incorrect flu vaccine doses have been given to those most at risk from contracting the virus, including people with long-term illnesses, the elderly and front-line HSE staff. Should any of these people fall ill from the flu due to being given an inadequate dose of flu vaccine, the consequences could be fatal.