Injury Compensation News

A man, who suffered a severe brain trauma and now requires permanent care after being thrown from a car driven by an uninsured driver, has had his injury compensation claim against MIBI approved in court.

The man – who is a ward of court and cannot be named for legal reasons – was just 19 years of age when, in March 2008, he was a back seat passenger in a car which went out of control, left the road and ran into a tree. The victim, who was thrown from the car as it left the road, suffered a severe brain trauma which has left him requiring permanent nursing care and only able to communicate by means of thumb up or thumb down.

Ms Justice Mary Irvine at the High Court heard that the driver of the car had been uninsured, and that an injury compensation claim against the Motor Insurers´ Bureau of Ireland (MIBI) had been made. She also heard that an agreement had been reached between the man´s legal representatives and MIBI to award 4.25 million Euros to the victim – an amount which had been reduced by 20 per cent to account for the man´s contributory negligence of failing to wear a seatbelt.

The judge approved the settlement of the unnamed man´s injury compensation claim against MIBI, stating that it was an excellent settlement which would provide the car he required for the rest of his life. She also ordered that the foster mother who had been caring for the victim since his accident should receive an immediate lump sum payment of 544,800 Euros to cover the expenses and hospital bills she had already incurred.

The family of a man who died in hospital due to “an unjustifiable delay” in his treatment have received an apology from the hospital in question and 500,000 Euros compensation in settlement of their wrongful death claim.

Barry Murphy (38) from Carrigaline, County Cork, was known to suffer from Crohn´s Disease – but was generally in good health – when he was admitted to the South Infirmary–Victoria University Hospital on the morning of 24th April 2008 complaining of abdominal pains. Barry was diagnosed with a perforated bowl but, by the time the hospital operated on him, parts of his body had already shut down due to septic shock and he died at 11.15pm the same evening.

Barry´s widow, Mary, claimed that the hospital had not cared for her husband by failing to operate on him in time, and that they were guilty of medical negligence in the avoidable and wrongful death of her husband. The South Infirmary–Victoria University Hospital initially denied the claims, but in front of Mr Justice John Quirke at the Dublin High Court apologised to the family and admitted that the level of care that was provided for Barry fell short of an acceptable standard.

The apology and admission of liability for Mary Murphy´s wrongful death claim was accompanied with an offer of compensation for delayed treatment amounting to 500,000 Euros. Mr Justice John Quirke approved the settlement, once he had Mary Murphy´s agreement that it was acceptable, and extended his sympathies to Mary and her two daughters – commenting that what had happened to Barry was “unthinkable” and “tragic”.

An employee of RTE, who fell and injured his elbow while trying to unsnag a curtain during a show rehearsal for The Saturday Night Show, has been awarded 18,500 Euros in fall at work compensation at the Circuit Civil Court.

Arthur McMullan (59) of Goatstown, Dublin, was working for the national broadcaster as a props assistant when the accident occurred in the RTE Donnybrook studios in February 2010. Trying to unsnag the stage curtain from a mirror ball, Arthur fell over a studio floor lamp and injured his left elbow.

In his claim for fall at work compensation, Arthur alleged that RTE were aware of the curtain consistently presenting a problem and, in support of his claim, the court was shown a video clip of a broadcast show in which presenter Brendan O´Connor had to hold back the curtains during a performance by doo-wop band The Overtones.

Judge Jacqueline Linnane at the Circuit Civil Court also heard Arthur´s compensation claim for falls at work support by a colleague at the RTE studios, who claimed that the curtains had been an ongoing problem for a number of years. Arthur´s legal representative also advised the judge that Arthur still felt pain in his elbow two years after the injury had been sustained.

After hearing the evidence relating to Arthur´s fall at work compensation claim, Judge Jacqueline Linnane awarded Arthur 18,500 Euros in compensation.

A woman from Dublin, whose arm was broken when a car reversed over her after she had slipped and fallen, has been awarded 79,000 Euros in compensation for hit and run injuries by Dublin´s High Court.

Siofra O´Loughlin (24) from Rolestown, Dublin, had been playing with friends on Dollymount Beach in July 2006, when she slipped on wet sand trying to retrieve a ball. While she was laying face down on the ground, a motorist reversed back over her – causing Siofra to sustain injuries to her upper arm and back.

According to the report Siofra and her friends gave the Gardai, the motorist stopped a short distance from where the accident had taken place, looked back at Siofra laying in agony on the ground, got back into his car and drove away. Siofra was tended at the scene for her injuries and then taken to hospital where it was discovered that her humerus bone was fractured and there were significant abrasions to her back.

As the driver of the vehicle was never traced, Siofra made a compensation claim for hit and run injuries to the Motor Insurers´ Bureau of Ireland (MIBI) – the organisation funded by the car insurance industry to provide personal injury compensation to victims of road traffic accidents in which the negligent party is either uninsured or unable to be traced.

The Motorist Insurers´ Bureau of Ireland contested Siofra´s claim for compensation for hit and run injuries – alleging that there had been a different version of events reported to the Gardai. However, Mr Justice Iarfhlaith O’Neill at the High Court is Dublin dismissed their claims and awarded Siofra 79,000 Euros in compensation for hit and run injuries – stating that he believed Siofra´s version of events as they had been presented in court.

The Irish Medicines Board has played down claims for Pandemrix narcolepsy connection, despite a report showing 779 adverse reactions to the H1N1 swine flu vaccine between January 2010 and December 2011.

In a statement responding to the report, the Irish Medicines Board (IMB) said that the high number of reported adverse reactions – which included thirty confirmed cases of young people with the sleeping disorder narcolepsy – was due to “both the extent of usage and repeated requests and reminders by the IMB and Health Service Executive for reporting of experience with their use”.

Many of the recorded adverse reactions were relatively mild and included health issues such as gastrointestinal problems and flu-like symptoms; however the report comes at an important time for those making claims for Pandemrix narcolepsy connection following the news that the Finnish government has started making compensation payments to those who developed narcolepsy due to the vaccine in Finland.

A fund of 30 million Euros has been set aside in Finland to pay for medical care, medication and travel costs for treatment, along with other expenses incurred as a result of narcolepsy caused by the Pandemrix vaccinations. As narcolepsy is a life-long condition, and can be passed down to later generations, Finnish Permanent Secretary at the Minister of Social Affairs and Health – Kari Välimäki – has acknowledged that the fund is unlikely to sufficient to cover the claims for Pandemrix narcolepsy, and that the State may have to substantially increase the amount available to cover claims of medical negligence.

The connection between Pandemrix and the subsequent development of narcolepsy in young people was supported by research from Finland’s Institute for Health and Welfare. It was discovered that children administered with Pandemrix were nine times more likely to develop narcolepsy than those who did not have the H1N1 swine flu vaccine.

Their findings were confirmed in Sweden where, in March 2011, the Swedish Medical Products Agency compiled a report which revealed a four-fold increase in cases of narcolepsy among children under the age of nineteen who had received the Pandenrix swine flu vaccine as opposed to those who had not.

The European Medicines Agency´s own study in July 2011 showed a six to thirteen-fold “increased risk of narcolepsy in children and adolescents” vaccinated with Pandemrix compared with unvaccinated children.

Despite the alarming reports coming out of the rest of Europe, in September 2011 Health Minister, Dr James Reilly defended the actions of his predecessor Mary Harney who encouraged people to be vaccinated with the Pandemrix H1N1 swine flu vaccine when Ireland faced the risk of an epidemic. Dr Reilly told the Dáil that “no link has been established yet between the swine flu vaccine and narcolepsy, but the Government will endeavour to ensure all families [of children diagnosed with narcolepsy] get the medical and social supports they need”.

The IMB added that despite adverse reactions to the Pandemrix swine flu vaccine heading the list of the drugs to which people had suffered side effects, the presence of a medicine on an overall list of adverse reactions could not be taken as an indicator of relative safety or risk.

The use of Pandemrix is no longer recommended in Ireland and GPs have been advised to return any remaining stocks.

Claims for Tassimo recall compensation are likely to follow the withdrawal of the popular coffee making machine in Canada and the United States, following the revelation that the machine´s T-disc – the plastic coffee container – could explode and shower bystanders with scalding water.

Burn injuries which were brought to the attention of the American Consumer Product Safety Commission included those sustained by a two-year-old girl, who received second-degree burns to her face after being splattered by hot water and coffee granules, and the case of a ten-year-old girl from Minnesota, whose burns to her face and neck were so severe that she required emergency hospital treatment.

In total, more than 160 personal injuries have been reported to the American Consumer Product Safety Commission, including thirty-seven cases of second-degree burns which required hospital treatment. The Consumer Product Safety Commission launched an investigation and discovered a design fault. As a result, more than 1.7 million Tassimo coffee making machines have now been recalled along with more than four million Gevalia, Maxwell House and Nabob espresso T-discs still believed to be in circulation

At the present time in Ireland, there has been no announcement made of a Tassimo recall. Compensation claims, however, can still be made if a person is scalded or burned by a Tassimo coffee making machine, subject to the circumstances through which the victim received their injury. Claims for Tassimo recall compensation should be made against the manufacturers – BSH Home Appliances Corporation of Irvine, California – with the assistance of a personal injury solicitor.

A woman who walked into a Dublin advertising poster, and sustained head and neck injuries, has settled her compensation claim for low hanging poster injury for 38,000 Euros.

Sandra Memery (48)  was leaving her local MacDonald´s restaurant with her daughter on 16th September 2009 when the accident occurred. Having turned back towards her daughter to give her a bag, she started walking forward again, and immediately hit her head on the corner of the low hanging poster campaigning on behalf of Fianna Fail for a “Yes” vote in the second Lisbon Treaty referendum.

After feeling unwell for a day, Sandra visited her doctor, where she was diagnosed with lacerations to her scalp, a swelling over her right temporal and soft tissue damage to her neck. Sandra, who is 5 ft 5 in tall (1.65m) made a compensation claim for low hanging poster injury, stating that the campaign poster should have a minimum of three metres clearance from the floor.

Contesting the claim, Fianna Fail and Executive Posters Ltd jointly claimed that Sandra was responsible for her own injuries through contributory negligence and should have paid more attention to where she was walking. However, shortly before Sandra´s case was about to be heard at Dublin´s Circuit Civil Court, her legal representatives announced to the court that a compensation settlement had been agreed upon in the amount of 38,000 Euros.

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.