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.

A teenage boy, who suffered a severe allergic reaction and hair loss after a hair colouring treatment went wrong, has had a compensation settlement of 12,500 Euros approved in the Civil Circuit Court. The unnamed boy, now aged 17, had gone to Peter Mark Hair Stylists of St. Stephen´s Green, County Dublin, in October 2009, to have highlights he had previously in his hair removed in order to allow his hair to return to its natural colour.
However, after the treatment, the boy´s hair started to fall out and he developed spots, ulcers and a swelling on his scalp. He also suffered a reaction which resulted in a severe skin irritation that spread across his forehead and down to his eye level.
Mr Justice Matthew Deery at the Civil Circuit Court heard that the boy´s reaction had not lasted long due to being prescribed steroids to counter the effects of the treatment and that Peter Mark Hair Stylists had offered the boy 12,500 Euros in compensation plus special damages of 1,915 Euros and the costs of his claim.

In a High Court ruling, consultant obstetrician, Dr. Raymond Howard, was found liable for a 3.75 million euro compensation settlement, previously agreed in the case of Nicole Hassett of Clonmel, County Tipperary. Mr Justice Iarfhlaith O’Neill heard how Dr. Howard had delayed the birth of Nicole in 1997 with “absolutely no apparent reason”, causing her to suffer brain damage during the late stages of labour, and resulting in Nicole, now 13, suffering from cerebral palsy and being severely disabled.
The court was told how Dr. Howard was in St Joseph’s Maternity Hospital, Clonmel, from 12.15am on the morning of November 15. 1997, and should have delivered Nicole by 12.30am. However, he delayed the birth until 1.00am, during which time Nicole suffered the great bulk of her brain damage due to being left in the rigours of intense labour.
However, after hearing the circumstances of the “simply inexplicable” delay, Mr Justice Iarfhlaith O’Neill ruled the HSE was entitled to be indemnified by Dr Howard due to his failure to adequately perform his duties and his breach of duty of care towards the child which was the proximate cause of her injuries.
The original court action was brought through Nicole’s mother, Orla, in 2005, and settlement was agreed against the South Eastern Health Board (now the Health and Safety Executive – HSE) with Dr. Howard and the UK-based Medical Defence Union as third parties.

The psychiatric patient has received a €150,000 settlement in the High Court for self inflicted leg injuries suffered after jumping a second floor window of Saint Brendan’s Psychiatric Hospital

The case was taken against the Health Services Executive (HSE) over the incident on March 12th, 1998, when it was alleged that the patient was placed in an inappropriate ward, that the windows were not correctly secured, and that no measures were taken to prevent patients from jumping out of windows.

Mr Justice John Quirke approved the settlement in the High Court and the victim is expected to be made a ward of court.

The patient’s identity was not revealed for legal reasons and has been moved to another secure facility.

The compensation settlement was made without any admission of liability.

A new superbug called CRE (Carbapenem Resistant Enterobacteriaceae) has been discovered in Irish hospitals for the first time. The new superbug is potentially fatal and can cause kidney infection and pneumonia. Four cases have been discovered so far in Ireland, causing concern with medical professionals because it is difficult to eliminate once it takes hold in a country’s medical system (which has already occurred in Greece and parts of the United States).

One of the problems with treating the superbug is that the general population is less responsive to treatments for CRE because of the widespread using of board spectrum antibiotics.

If CRE spreads in Irish hospitals, it it likely to be for the same reasons as the recent MRSA outbreak – contaminated surfaces, especially medical equipment.

Suzanne Kelly of Clonsilla, County Dublin has settled her €38,000 personal injury claim with So Belle beauty salon in the Ashleigh Centre, Castleknock, County Dublin over severe rash burns to her armpits and groin following an unsuccessful waxing.

Ms. Kelly claimed that she suffered a painful rash and swelling in the affected areas.

The beauty salon entered a full defence in the Circuit Civil Court but made an undisclosed settlement.

Professor John Crown, a consultant oncologist, writing recently in The Irish Independent, said that the HSE and Department of Health and Children together “comprise one of the least ethical organisations that I have ever dealt with”. Professor Crown goes on to describe the HSE as “secretive, self-serving, dishonest, incompetent and unintelligent.”  He concludes, with an interesting historical comparison, that the “corruption and incompetence” of the HSE is effectively a form of Stalinism.
These comments are interesting from the point of view of anyone trying to make a medical negligence claim or hospital negligence claim related to one of the HSE’s services.  The management problems that increase the likelihood of negligence are compounded by the way the HSE deals with its own negligence.  It’s really no surprise that the Injuries Board Ireland refuses to deal with cases against the HSE.

Ms Justice Elizabeth Dunne has made an important ruling in the High Court regarding the definition of “date of knowledge” for medical negligence claims and hospital negligence claims. The 1957 Statute of Limitations Act has been updated to reduce the time from “date of knowedge” to making injury claims to two years (rules are different for child injury claims).
However, Ms Justice Dunne ruled that an individual may be aware of an injury but not be aware that it was caused by negligence. Specifically, Justice Dunne said that in the case of Edward Naessens that it was “very difficult to accept” that the victim had the necessary medical expertise to decide if a recurrence of a tumour was due to medical negligence.
In this particular case, the victim Edward Naessens had an operation in February 1994 for an adenoid cystic carcinoma (removing a cancer tumour) but was told that no further treatment was required apart from six-montly reviews. He was told in 1996 that additional pain was due to scar tissue and nerve damage. It was only after a recurrence in 2000, after which he received comprehensive post-operation care in St. James’ Hospital, that Naessens realised that he had not received the same level of care previously. Specifically, it was claimed that after his first operation, Neassens should have received additional radiation treatment and a CT scan when he complained of pain, in addition to being advised about the high risk of a recurrence of cancer.
The defendants were the CEO and a consultant surgeon at St. Vincent’s Hospital, who had requested that the court rule that the case was statute barred.
The decision now means that not all medical negligence claims are automatically subject to the two year Statute of Limitations rule.  It also confirms that judges do indeed have full discretion regarding interpretation of the rules in the interest of serving justice when there are special circumstances.

U2 bassist Adam Clayton has launched a High Court case against Gaby Smyth alleging professional negligence.  Smyth is usually described as U2′s ‘financial controller’ or even the group’s financial ‘mastermind’.
The papers lodged in the High Court in Dublin on June 4th are for a plenary summons for alleged ‘negligence’  The papers also name two accountants employed by Smyth in Gaby Smyth & Co., Jill Percival and Pat Cleary.  Bank of Ireland Private Finance is also named in the lawsuit.
It will be Clayton’s second case in the High Court this year, after succeeding in January to get the assets of his former housekeeper Carol Hawkins frozen for allegedly defrauding him of €1.8 million.
The details of the professional negligence claims against Gaby Smyth & Co. are not yet full known. It is not yet clear if there are any professional negligence claims related to the allegations concerning Carol Hawkins.  It is known that the negligence claim is related to investments and professional advice.
Clayton has retained the services of the law firm Gleeson McGrath Baldwin.