Injury Compensation News
Compensation for long term injuries can be a significant amount, and it is important that any compensation claim for long term injuries is accurately calculated to ensure that the claimant has sufficient funds to support themselves and their family, and be able to afford the medical care to enable their recovery. Compensation for long term injuries also has to take into account lost earning potential and other opportunities – such as leisure activities – that a person with long term injuries will not be able to enjoy. Therefore, if you feel that you are entitled to claim compensation for long term injuries, it is in your best interests to discuss your long term injuries compensation claim with an experienced personal injury solicitor.
Friday, 20 June, 2014
A High Court judge has approved a further interim payment of obstetrician negligence compensation in favour of an eight-year-old boy who suffers from cerebral palsy.
Luke Miggin of Athboy, County Meath, suffered brain damage prior his birth on 26th February 2006 at Mullingar General Hospital due to consultant obstetrician Michael Gannon failing to act on decelerations of the child´s heart rate recorded on CTG traces taken throughout the day.
Luke has cerebral palsy due to the obstetrician´s negligence, is confined to a wheelchair and will need 24-hour care for the rest of his life.
Liability for Luke´s birth injuries was admitted by Mr Gannon and the Health Service Executive in 2010 and, in January 2011, an interim settlement of obstetrician negligence compensation was approved by Mr Justice John Quirke, pending the introduction of legislation to allow for a structure settlement to be put in place.
However, with no such legislation yet available, Luke´s mother – Emily – had to return to court to have a further interim payment of obstetrician negligence compensation approved; where she was commended for her patience by Ms Justice Mary Irvine, who apologised for successive Ministers of Justice failing to deliver on their promises of periodic payments.
The judge approved a second interim obstetrician negligence compensation payment of €580,000 to add to the €1.35 million interim payment Luke received in 2011. The payment is in respect of Luke´s care for the next three years, after which time Emily Miggin will have to return to court once again for a further interim payment of compensation or to have the terms of a structured settlement approved.
Ms Justice Mary Irvine expressed her frustration at not being able to approve a final settlement of obstetrician negligence compensation, and commented that the ongoing litigation prevents families such as the Miggins from getting on with their lives.
Posted in Birth Injury Claims, Children's Injury Claims, Compensation for Long Term Injuries, Doctor Negligence Claims, Medical Negligence Claims, Structured Injury Settlements - Comments Off
Tuesday, 3 June, 2014
A County Wicklow teenager´s meningitis medical negligence claim for compensation has been resolved after a High Court hearing at which her settlement of compensation was approved.
Laura Kavanagh (18) from Newtownmountkennedy in County Wicklow had fallen ill on 29 January 1998 at the age of thirteen months with a high temperature and severe fatigue. Her mother – Simone – had telephoned the surgery of Dr Frank Malone and Dr Paul Crean in Greystones in County Wicklow to communicate her daughter´s condition and had been told to keep an eye out for a rash.
Several hours later, Laura´s condition had deteriorated and Simone Kavanagh rang the surgery again – on this occasion speaking with Dr Crean, who said he would make a house call after surgery due to Simone not having transport available.
Three and a half hours later, Dr Crean arrived at the Kavanagh´s home and diagnosed a bowel infection. He left two suppositories and told Simone to call him back in the morning if Laura´s condition had not improved. The following day, Simone called the surgery requesting a home visit, but later cancelled the call as Laura seemed to be looking better.
However, the next morning Laura once again was very ill, and Simone was able to get an on-call doctor to visit straight away. He immediately admitted Laura to hospital, where she was diagnosed with severe meningitis.
As a result of the illness, Laura lost her hearing, and through her mother she made a meningitis medical negligence claim for compensation against Drs Malone and Crean, alleging that Dr Crean had failed to diagnose meningitis and that there had been a failure to attend Laura in good time, ensure proper care or any continuity of care.
The two doctors denied Laura´s meningitis medical negligence claim, however agreed a €5 million settlement of meningitis medical negligence compensation without admission of liability.
At the High Court in Dublin, Ms Justice Mary Irvine heard that if Laura had been admitted to hospital when Dr Crean misdiagnosed her condition as a bowel infection, it was likely that Laura would not have lost her hearing.
The judge was also told that after Laura lost her hearing, she learned to communicate through sign language and lip reading – but has a moderate intellectual disability. Ms Justice Mary Irvine approved the settlement of Laura´s meningitis medical negligence claim, saying that it would never give Laura the life she was meant to have.
Posted in Children's Injury Claims, Compensation for Long Term Injuries, Delayed Diagnosis, Doctor Negligence Claims, Failure to Diagnose, Medical Negligence Claims - Comments Off
Wednesday, 7 May, 2014
A Spanish student´s €9 million settlement of bus accident serious injury compensation has been approved by a judge after a hearing at the High Court.
On 4th February 2009, Carlos Tesch – who was then twelve years of age – was walking along Herbert Road in Bray, County Wicklow, with a group of friends, when he dashed out into the road in order to avoid other youths who had allegedly verbally threatened the young Spaniard and his friends previously.
As Carlos ran into the road, he was hit by a bus coming up from behind him, and Carlos suffered severe head injuries – including a fracture to the base of his skull – which has left him unable to walk or speak and reliant on his parents – Hans and Mar Tesch – for his primary care.
Through his father, Carlos made a claim for bus accident serious injury compensation against Dublin Bus. Dublin Bus denied its responsibility for Carlos´ injuries, stating that the driver had been travelling at 40Km/h in a 50 Km/h zone and that he could not have foreseen a child running out into the road.
An earlier High Court hearing had determined that Dublin Bus should be considered 70 percent liable for Carlos´ injuries because the driver had been distracted by a passenger shortly before the accident, and – after the decision had been upheld by the Supreme Court – the case returned to the High Court for the assessment of damages.
At the High Court, the circumstances of Carlos´ accident with the bus were related to Ms Justice Mary Irvine, who also heard how Hans Tesch had given up his managerial position to care full-time for his son and has twice taken him to China for stem cell treatment.
The judge was also told how Carlos attends the Spanish Institute during school hours and – approving the €9 million settlement of bus accident serious injury compensation – Ms Justice Mary Irvine said she was fully aware of what parents had to give up to maximise the situation for their children in cases of such catastrophic injuries.
Posted in Brain Injury Compensation, Bus Accident Claim, Children's Injury Claims, Compensation for Long Term Injuries, Contributory Negligence, Pedestrian Accident Claims - Comments Off
Tuesday, 6 May, 2014
The High Court has approved the settlement of an injury claim for a fall from a roof at work, in favour of a County Wicklow man who suffered devastating brain injuries in the accident.
Paul O’Brien (50) of Glenealy, County Wicklow, was on the first day of a roofing contract on 18th July 2012, when he went to descend from the roof of the house in Bray as it had started to rain. As he attempted to get onto the ladder that was leant up against the side of the house, the ladder slipped on the timber decking floor it had been placed upon, and Paul fell to the ground.
Paul suffered a significant head injury in the accident, and now has limited short-term memory which will prevent him from ever working again. Through his wife – Sandra O´Brien – Paul made an injury claim for a fall from a roof at work against his employer – Sean Lyons of Clondalkin, Dublin – alleging that Lyons failed to provide a safe place of work or suitable scaffolding and ladders to enable him to carry out his work safely.
It was also claimed that the ladder that was provided to descend from the roof was unsafe and unfit for that purpose – it had not been fastened to the property on which Paul was working – and the combination of an alleged unsuitable ladder and the wet timber decking on which it had been placed presented a treacherous means of exit from the roof.
At the High Court, Ms Justice Mary Irvine was told that – prior to being given this temporary roofing contract – Paul had been unemployed for a number of years following the collapse of the construction industry in Ireland. She also heard that Sandra O´Brien had taken a two-year sabbatical from her job to care for her husband; but an out-of-court settlement of Paul´s injury claim for a fall from a roof at work had been agreed amounting to €1.5 million.
Judge Irvine approved the settlement, stating that it was a good one when taking into account that Paul´s contributory negligence may have been a factor had the case gone to court. She added that she sympathised with the position of the O’Brien family and then closed the hearing.
Posted in Brain Injury Compensation, Compensation for Long Term Injuries, Construction Accidents, Falling Accident Claims, Ladder Fall Injury Claims, Slips Trips and Falls, Workplace Injury Claims - Comments Off
Friday, 14 February, 2014
A €4 million settlement of delayed birth injury compensation has been approved in favour of a thirteen year old girl at the High Court in Dublin.
Katie Martin from Trim in County Meath was born at the Coombe Hospital in Dublin in November 2000 after her mother – Fiona – had arrived at the hospital very early in the morning complaining of having irregular contractions.
A CTG trace was performed on the expectant mother and – according to Katie´s solicitor – the trace produced abnormal readings that indicated Katie was being starved of oxygen in the womb. However, it was nearly an hour and a half before an emergency Caesarean Section was organised and, when Katie was born, she had suffered a cardiac arrest and displayed no signs of life.
The medical team were able to resuscitate Katie, but she had suffered severe brain damage due to a lack of oxygen prior to her delivery which has left her requiring constant care for the rest of her life.
Katie made a claim for delayed birth injury compensation through her mother against the Coombe Hospital – which denied its liability for her injuries, and argued that Katie was starved of oxygen in the womb before her mother arrived at the hospital, and there was nothing that could have been done to prevent her brain damage.
However, at the High Court in Dublin, Ms Justice Mary Irvine was informed that a €4 million settlement of compensation for a delayed birth injury had been negotiated without admission of liability from the hospital, and that the case was before her for approval of the settlement.
The judge was told the circumstances of Katie´s brain damage – and that the hospital had prepared a full defence against the claim – before approving the settlement and commenting that it was a good one considering that the Coombe Hospital had contested the claim.
Posted in Birth Injury Claims, Brain Injury Compensation, Children's Injury Claims, Compensation for Long Term Injuries, Hospital Negligence Claims - Comments Off
Thursday, 13 February, 2014
A settlement of car crash passenger injury compensation, with a value of €10 million, has been approved by a High Court judge after a hearing in Dublin.
Lydia Branley (28) from Kinlough in Country Leitrim sustained devastating injuries in September 2010, when a car she was travelling in as a passenger left the N4 slip road at Ballisodare at a speed of 150km/hour, crashed through two road barriers, hit a pole and ended upside down in a stream.
The driver – Martin Kearney from Balinoo in County Mayo – and a second male passenger were thrown clear from the vehicle as it crashed; but Lydia – who had been wearing a seatbelt – had to be cut from the wreckage of the BMW Coupe and was taken unconscious to Sligo General Hospital.
Lydia was later transferred to the Beaumont Hospital in Dublin, where she remained in a coma for nine months. When she came out of the coma, Lydia discovered that she had lost the use of her arms and legs and the ability to communicate by speech.
Kearney – who had just got his license back after a previous five-year driving ban – was convicted for dangerous driving causing serious harm, and in June 2012 given a six-year jail sentence and banned from driving for twenty years.
Through her father, Lydia made a car crash passenger injury compensation claim against Martin Kearney and his father Michael Kearney in his capacity as owner of the car. Liability was accepted and a negotiated compensation settlement of €10 million was agreed.
Because of Lydia´s condition, the settlement of car crash passenger injury compensation had to be approved by a judge and, at the High Court in Dublin, Ms Justice Mary Irvine was told the circumstances of Lydia´s injuries and how Lydia will require full-time care for the rest of her life.
Describing the €10 million compensation settlement as “excellent” as she approved it, the judge said “It does not give back Lydia her life. Nothing will, but it will provide her with the best care and hopefully bring back a degree of normality.”
Posted in Brain Injury Compensation, Car Passenger Accidents, Compensation for Long Term Injuries, Road Traffic Accidents - Comments Off
Wednesday, 27 November, 2013
The Government has proposed a new symphysiotomy compensation plan after its U-turn on extending the Statute of Limitations for women who underwent the procedure between the 1940s and 1980s.
Minister for Health Dr James Reilly announced in a press conference that Judge Yvonne Murphy has been asked to examine the feasibility of a compensation scheme for women who underwent the controversial childbirth procedure, and who have been left with permanent injuries such as incontinence, difficulty with walking and chronic pain.
Judge Murphy has been asked to compile a series of compensation options for review in February 2014, to “assist in finding closure” for the women affected by the operation. Dr Reilly said that the Government would contribute to an ex gratia scheme if that is the symphysiotomy compensation plan recommended, and it is understood that Judge Murphy will be meeting with insurance companies to explore whether they would contribute towards such a scheme.
Originally Dr Reilly had said he would not oppose a private members bill introduced into the Dáil by Sinn Féin’s Health Spokesman Caoimhghín Ó Caoláin to allow a one-year window for the affected women to make claims for symphysiotomy compensation; however the Government were then told that such a move could result in a legal challenge by the insurance companies who would have been liable for compensating the women.
Sinn Féin’s health spokesman Caoimhghín Ó Caoláin criticised plans to keep the statute of limitations in place. He said “The type of scheme outlined in the terms of reference offers the women no prospect of adequate compensation for what was so barbarically done to them nor the choice to pursue their rights in the courts.”
However Chairman of the support group Survivors of Symphysiotomy Ltd – Tom Moran – welcomed the announcement of a new symphysiotomy compensation plan. His comment was “We welcome this decision to appoint the judge and we hope it leads to women finally being given a chance of some kind of closure.”
Posted in Compensation for Long Term Injuries, Medical Negligence Claims, Surgical Negligence Claims - No Comments »
Tuesday, 26 November, 2013
A High Court judge has approved an interim payment of cerebral palsy compensation for a 12 year old girl who sustained birth injuries due to the negligence of an obstetric consultant.
Roisin Conroy was born at the Midland Regional Hospital in Portloaise on 14th November 2001, four days after her mother – Mary Conroy of Portlaoise, County Laois – had attended the hospital, believing that her waters had broke. Mary was sent home after being reassured that everything was okay but, three days after attended the clinic of Dr John Corristine – her private consultant obstetrician – and, following an ultrasound at the clinic, Mary insisted she be admitted into hospital.
A CTG scan conducted at the hospital failed to indicate any sign of contractions, and Mary was advised to take a bath. However, there was insufficient hot water was available at the hospital so Dr Corristine prescribed Mary with some medicine to induce labour. Thereafter, Dr Corristine was not present during Mary´s labour or Roisin´s birth the next day.
When Roisin was born the following morning, she suffered seizures soon after her birth and was transferred to a neo-natal unit in Dublin. However, her condition failed to improve and Roisin was diagnosed with dyskinetic cerebral palsy – due to which she is permanently disabled and can only communication using eye movement.
Mary blamed herself for Roisin´s condition, and insisted on having her next two children delivered by Caesarean Section. Both Mary and her husband Kevin gave up work to look after Roisin, believing what the hospital had told them that nothing could have been done to avoid the tragedy and that the couple had just been unlucky.
An investigation was launched into the circumstances Roisin´s birth after the couple had spoken with a solicitor and, with evidence of negligence against both the hospital and the obstetric consultant, Kevin and Mary made a claim for cerebral palsy against both the Health Service executive (HSE) and Dr Corristine on their daughter´s behalf.
Both the defendants denied their responsibilities for Roisin´s injuries for almost two years until – five weeks before a scheduled court hearing – the hospital and Dr Corristine admitted that errors had been made in the management of Mary´s pregnancy which led to Roisin suffering birth injuries.
An interim payment of compensation for cerebral palsy amounting to €2.3 million was negotiated between the parties and, at the High Court in Dublin, the interim payment of compensation for cerebral palsy was approved by Ms Justice Mary Irvine.
The family also heard an apology read to them by an HSE representative and Dr Corristine, after which Ms Justice Mary Irvine adjourned the case for two years so that an assessment of Roisin´s future needs can be made and to allow time for the introduction of a system of structured compensation payments.
Posted in Birth Injury Claims, Children's Injury Claims, Compensation for Long Term Injuries, Doctor Negligence Claims, Hospital Negligence Claims, Medical Negligence Claims, Structured Injury Settlements - No Comments »
Wednesday, 20 November, 2013
A High Court judge has approved a second interim cerebral palsy compensation payment for a young girl who was born with severe spastic quadriplegic cerebral palsy in 2004 due to the negligence of her mother´s consultant.
Isabelle Sheehan (now 8 years of age) was born at the Bon Secours Maternity Hospital in Cork on November 29th 2004 by emergency Caesarean Section, after a blood test on her mother – Catherine – had revealed an alarming rise in the presence of certain blood group antibodies.
Unfortunately, Catherine Sheehan´s consultant doctor – Dr David Corr – had failed to refer Catherine to an expert in foetal medicine, who would have identified potential difficulties with the pregnancy due to a clash between the antibodies in Catherine´s blood and those of her husband – Colm Sheehan.
When Isabelle was born, she was in a poor condition and was diagnosed with severe spastic quadriplegic cerebral palsy. Through her mother, Isabelle made a claim for compensation for the negligence of the consultant doctor, who admitted liability for Isabelle´s injuries when the case was first heard in October 2011.
At the original hearing, Mr Justice Iarfhlaith O’Neill approved an interim cerebral palsy compensation payment of €1.9 million, and adjourned the case for two years in the hope that a structured compensation payments system would be in place to assure a life time of care for Isabelle.
However, as no legislation has yet been passed in Ireland which would allow a structured system of compensation payments, the case was back in front of Mr Justice Kevin Cross, who heard that a further interim cerebral palsy compensation payment of €635,000 had been agreed between the parties to provide the care that Isabelle needs for a further two years.
After hearing that Isabelle is “bright and intelligent” and keeping up with children in her mainstream national school class with the help of a home assistant, Mr Justice Kevin Cross approved the interim cerebral palsy compensation payment, adjourned the case for a further two years and wished Isabelle a very good future.
Posted in Children's Injury Claims, Compensation for Long Term Injuries, Doctor Negligence Claims, Structured Injury Settlements - No Comments »
Monday, 28 October, 2013
A man, who suffered a severe head trauma when a meat conveyor bench fell on him, has settled his claim for a workplace head injury after a hearing at the High Court.
Hany Boles from Cahir in County Tipperary worked as a knife washer in the AIBP meat processing factory in Cahir when, in May 2007, he was instructed to assist a colleague who has loading a meat conveyor bench onto two trolleys in order to move it elsewhere within the processing plant.
As 49-year old Hany and his colleague loaded the meat conveyor bench onto the trolleys, the bench slipped and fell on him while he was crouching beneath it; striking him on the head and causing a severe head trauma. Hany received hospital treatment immediately following the accident but, because of the nature of his injury, the High Court heard that Hany has not been able to work since.
Hany made a compensation claim for a workplace head injury after seeking legal advice on the basis that he had been asked to perform a task for which he had not been trained or instructed adequately and because of his employer´s negligence he had suffered the injury.
His employers denied their responsibility for Hany´s head injury and claimed that the accident had occurred because of Hany´s own lack of care. However Hany´s legal advisors pursued his compensation claim for a workplace head injury and the case went before Mr Justice Iarflaith O’Neill at the High Court in Dublin.
After hearing testimony from both parties, Mr Justice Iarflaith O’Neill found in Hany´s favour and said that he believed Hany´s account of how the meat conveyor bench accident had occurred. He commented that the accident had a major impact in Hany´s life, but that his employers had adopted an “antagonistic approach” to Hany´s situation.
The judge also criticised AIBP for recording a “trivialised and an inaccurate account” of the accident into the company’s accident reporting system and chastised the defence´s counsel for suggesting that Hany had been “malingering” since 2007. Awarding Hany €257,000 compensation in settlement of his claim for a workplace head injury, Mr Justice Iarflaith O’Neill commented that the defendants had got this case “completely wrong”.
Posted in Brain Injury Compensation, Compensation for Long Term Injuries, Workplace Injury Claims - No Comments »