Injury Compensation News

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.

A falling objecting in a shop has resulted in a €25,000 compensation award in the Circuit Civil Court.

Breeda Redican of Donabate, County Dublin, was injured in July 2009 when a tin of paint fell on her foot from a shelf at the Homebase store in Santry, County Dublin. The accident happened when Redican requested help finding a specific type of paint from a sales assistant. The assistant pointed out the location of the paint on a shelf at face level height but simply stood beside Redican while she attempted to left the can of paint.  The can of paint was 2.5 litters and handle on the tin was not visible because the tins were closed packed together. Redican was unable to heavy paint tin and it slipped and fell on her right foot.  Redican was earring flip-flops and required stitching on her toes. Redican has suffered ongoing reduced mobility in her foot with some pain.

Homebase denied any negligence but Judge Jacquline Linnane awarded €25,000 compensation.

A three year old girl, who lost the tip of her fingertip in a nursery pushchair accident, has had a product liability compensation settlement of 20,000 Euros approved in the Circuit Civil Court.
Roisin Longo of South Finglas, County Dublin, was just two years of age when her fingertip was sliced off in the hinge mechanism of her MacLaren Techno XT while she was attending Mellow Spring Childcare Development Centre in Finglas West.
Fast acting staff at the crèche found the fingertip and packed it ice so that her mother, Ms Elaine Deans, could take Roisin to hospital and attempt to have the amputated fingertip sewn back on.
However, as Circuit Court President Mr Justice Matthew Deery heard, the best efforts of surgeons at Temple Street Children´s Hospital could not prevent the tissue dying and the fingertip eventually falling off.
After seeking legal advice, Ms Deans discovered that revealed the pushchair model had been recalled in the United States, and repair kits issued to customers due to acknowledged problems with the hinge mechanism. Even though the pushchair had been manufactured in England, and conformed to British and EU safety standards, Ms Deans filed a claim for product liability compensation against MacLaren Europe Limited, of Northampton, England.
Without accepting liability, MacLaren Europe Limited had made a settlement offer of 20,000 Euros – a settlement offer which Roisin´s mother was prepared to accept and which Mr Justice Matthew Deery had pleasure in approving.

A six year old girl has had a compensation settlement approved in the Circuit Civil Court after developing a skin condition due to chemicals used in the manufacture of a sofa.
Mr Justice Matthew Deery heard in court how Holly David of Clonee, County Dublin, was just two years old when her family purchased the sofa in 2006 from Argos Ltd. Holly and her family started to develop skin problems and tingly rashes shortly after the purchase of the sofa, and Holly had to receive medical treatment for dermatitis.
Holly’s family replaced the sofa, which was later discovered to contain the mould inhibitor dimethyl fumarate – a chemical which has subsequently been banned in the EU for use in sofas, and which prompted Argos Ltd to recall the product in 2009.
Holly’s mother, Gabriela, sought legal advice and an application was made to the Injuries Board Ireland for compensation on the grounds of product liability. The Injuries Board assessed Holly’s case and recommended damages of 10,000 Euros – a figure accepted by both Holly’s family and Argos Ltd, but one which had to be approved in court due to Holly being a minor.

Research published by the British Orthopaedic Association indicates that as many as 49% of the DePuy ASR Hip Replacement Systems implanted in Ireland since 2003 could fail within the next six years.
Orthopaedic surgeons at the British Hip Society Annual Conference in Torquay this month considered the topic of large diameter metal-on-metal –bearing total hip replacement systems, with particular attention to the DePuy ASR hip replacement recall.
In Ireland, 3516 people received the faulty hip replacement system and, in figures which contradict assurances given by the Health Service Executive, it was announced that new projected failure rates for the DePuy ASR hip replacement systems are 35% within four years and 49% within six years.
The surgeons also recommended that patients being monitored for potential hip replacement system failure should have MRI or CT scans to detect any collection of fluid around the hip area, or the presence of cobalt or chromium ions which can lead to neurosurgical problems.
The publication also confirmed that revision surgery for DePuy ASR hip replacement systems can be more complicated than the original implant when soft tissue damage has been sustained, and that specialist hip reconstruction surgery may be required in these instances.
These findings add further weight to lawsuits and class actions currently going through the courts in the United States, where over 500 people have already filed compensation claims against DePuy Orthopaedics Inc.

The Health Service Executive (HSE) has reported that the first revision surgeries for patients implanted with the recalled DePuy ASR Hip Replacement Systems have now commenced.
3,516 people in Ireland had received these faulty hip replacement systems between 2003 and their withdrawal from the market last year due to a “higher than expected” failure rate. Originally the HSE estimated that the failure rate in Ireland would be around 12% in total, however new research by the British Orthopaedic Association has suggested that the failure rate of DePuy ASR Hip Replacement Systems in Ireland could be as high as 49% within six years.
The HSE also claimed in their report that all affected patients had been contacted, and would have now had their initial recall appointment to x-ray the existing implant and have a blood sample taken to check for microscopic metallic wear debris. Some patients have also undergone MRI scans to check for neurological problems caused by cobaltism.
The vast majority of patients are not expected to need revision surgery straight away, but should continue to be monitored with annual reviews for the next five years. Clinical assessments and revision surgery are being provided free of charge, with hospitals recouping the cost of any treatment from DePuy Orthopaedics.
Questions are still being asked about why the HSE did not act sooner than August of last year to alert patients about the problems with the faulty DePuy hip replacement system, and legal test cases are still in progress in The States to determine whether DePuy should pay product liability compensation. The HSE also faces potential claims for medical negligence.

A cyclist, who went over the handlebars of his mountain bike shortly after collecting it from a bicycle repair shop, has been awarded 48,000 Euros in damages.
Ms Justice Elizabeth Dunne heard how Piotr Lizanowicz (27) of Rathgar, County Dublin, had left his mountain bike with Hollingsworth Cycles Limited, Templeogue Village, Dublin, to have the brakes fixed and broken spokes repaired.
On collecting the bike in April 2009, and paying 54,00 Euros for the service, Mr. Lizanowicz was cycling along the Terenure Road when he heard a noise coming from the front wheel which subsequently locked – throwing Mr. Lizanowicz over the handlebars of his bike and fracturing his elbow.
It was claimed in court that when the front wheel tyre was re-inflated, no check was made to ensure that the tyre and inner tubing were seated correctly within the rim of the wheel. This led to the inner tube popping out while the bike was in motion, obstructing the front wheel from rotating and causing the accident.
Mr. Lizanowicz consequently sued Hollingsworth Cycles Limited for alleged negligence and breach of contract relating to repairs carried out on the bike. Hollingsworth Cycles Limited denied the allegations and challenged the sequence of events, claiming that Mr. Lizanowicz had fabricated the story to get money out of the company.
Having heard both sets of arguments and expert reports, Ms Justice Elizabeth Dunne ruled in favour of Mr. Lizanowicz and included in her award of settlement an amount of 7,000 Euros for aggravated damages, stating that the defence had unambiguously made the allegation of fraud against the plaintiff.

The European Commission is relaunching the debate about class action suits (also called collective redress) for faulty product in the European Union with the objective of developing common standards across the 27 member countries. Three EU commissioners, justice commissioner Viviane Reding, competition commissioner Joaquín Almunia and consumer commissioner John Dalli, have drafted a paper on the subject and will be launching public consultations in November.

The Financial TImes has today revealed some of the issues covered in the briefing paper, including making class actions cheaper than individual claims, financing class action suits, consensual resolutions through mediation, enforcing judgements throughout the EU, and avoiding abusive litigation.

A previous attempt to introduce EU-wide rules failed due to strong lobbying by business groups worried about potential costs.

As with other EU countries, current legislation in Ireland makes it very difficult to pursue class action suits.

The Health Service Executive (HSE) has announced that 3,516 patients in Ireland made need corrective surgery for faulty hip replacement device made by DePuy Orthopaedics, unit of Johnson & Johnson.  There are nearly 100,000 people worldwide fitted with the device.

However, data from the UK reveals that about one in eight people using the device may have problems, which implies that perhaps about 400 patient may require corrective surgery in Ireland (replacement of the faulty device).

The  specific products affected by the problem are ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System, both of which are no longer manufactured.

DePuy Orthopaedics has already said it would cover the cost of corrective surgery in any patients affected in Ireland.  However, DePuy Orthopaedics has attached conditions to the offer- providing full medical records and returning the removed faulty hip device (presumably for analysis).

There is still no indication of what type of compensation scheme DePuy Orthopaedics will be offering. Meanwhile, the HSE is also negotiating the issue of medical costs with DePuy Orthopaedics.

Any victim that needs to undergo corrective surgery would be very unwise to sign any sort of legally binding agreement with DuPuy Orthopaedics without first seeking independent legal advice.  It would be unwise to sign an agreement that puts the key medical evidence under the control of DuPuy Orthopaedics prior to any potential compensation litigation.

It should be pointed out that the HSE is clearly not responsible for the faulty products, which it used in good faith.  It is highly unlikely that any court would find any surgeons or HSE-owned hospital guilty of medical negligence.

For more detail, and to read about making DePuy Compensation Claims click here.