Injury Compensation News

The family of a man who died in an air crash in New Zealand have been told that the country´s law does not allow them to make a compensation claim for a death in an airplane accident.

Patrick Byrne (26) from County Wexford was killed when the Fletcher FU24 airplane he was travelling in crashed shortly after take-off on September 4th 2010. Patrick was killed along with three other tourists, the plane´s pilot and four sky-dive instructors in the accident at the Fox Glacier Airstrip in Westland.

The cause of the crash was never identified after two independent investigations resulted in contradictory theories due to much of the plane being destroyed by the fire which started as the plane crashed.

The coroner at the inquest into the nine deaths concluded that the cause of the accident may never be known, but suggested that it could have been caused by the plane being unbalanced due to unrestrained passengers moving about in the back of the airplane.

Families of the victims have written to New Zealand´s Prime Minister – John Key – asking that stronger safety enforcement is introduced as, at the minute, there is no legislation in New Zealand that airplane passengers should wear seatbelts during take-off.

The families have also called on the Prime Minister to address the country´s laws which do not allow them to make a compensation claim for a death in an airplane accident. New Zealand law does not allow companies to be taken to court for negligence and compensation is decided by the New Zealand Accident Compensation Corporation (ACC) – a department of the Government responsible for compensating personal injuries to residents and visitors to New Zealand.

The compensation for a death in an airplane accident awarded to the families of the victims by the ACC amounted to approximately €3,200 – not even enough to repatriate the bodies of the airplane disaster victims home to their loved ones.

A grieving family have had a settlement of compensation for a casualty department misdiagnosis approved after hearing a statement read out in court apologising for the healthcare that resulted in death of their son.   

The parents of eight-year-old Richard de Souza made their claim for compensation for a casualty department misdiagnosis following the events of February 2011, when Ralmon and Flavia de Souza attended the A&E department of the Midland Regional Hospital in Portlaoise with their son who was suffering from chicken pox.

The two parents were concerned about a large swelling under Richard´s left arm that was hot to touch and were told by a doctor at the hospital that Richard had developed an infection. The doctor prescribed a three-day supply of antibiotics and sent the family home.

However, later that evening, Richard developed a great thirst and became delirious. The following morning he complained of feeling the need to vomit before passing out at the family home in Athy, County Kildare. An ambulance was called, but Richard was in a state of cardiac arrest when paramedics arrived and he was declared dead on arrival at the Midland Regional Hospital.

At the High Court in Dublin, Ms Justice Mary Irvine heard that Richard´s cause of death was a streptococcal infection which led to toxic shock syndrome. She was told that a patient displaying a high temperature and high pulse and heart rate would normally be admitted to hospital straight away and that had Richard been administered intravenous antibiotics at the time it would have saved his life.

The judge also heard that Ralmon de Souza had to be hospitalised due to the severity of the nervous shock he sustained on hearing about his son´s death and, because of Ralmon´s grief, eight-month pregnant Flavia de Souza had to attend her son´s funeral alone. Both parents were diagnosed with Post Traumatic Stress Disorder following Richard´s death.

As part of the €160,000 settlement of the de Souza´s claim for a casualty department misdiagnosis, an apology was read out in court apologising for the mistakes which led to Richard de Souza´s death. After hearing the apology, Ms Justice Mary Irvine approved the settlement of compensation for a casualty department misdiagnosis.

The High Court has approved a settlement of compensation for the wrongful death of a child after a statement was read out in court apologising for the death of the child due to a delayed diagnosis.

Kaiden Costello was admitted to Temple Street Children´s Hospital in April 2009 when he was just six months old, as his concerned mother – Kate – had noticed her son was off his food. Kaiden was diagnosed with a failure to thrive, but two months later was re-admitted and an MRI revealed that his condition was due to a brain tumour. Kaiden underwent surgery to remove the tumour in July 2009, but he died three days later.

Kaiden´s mother made a claim for the wrongful death of a child due to a delayed diagnosis against the hospital and HSE; alleging that, had an MRI been conducted when Kaiden was first admitted to the hospital and the tumour identified sooner, her son could have received chemotherapy treatment that would have extended his life by five to ten years or undergone surgery earlier to remove the tumour.

In the High Court, Mr Justice Kevin Cross heard that liability for the failure to diagnose Kaiden had been admitted by Temple Street Children´s Hospital and a settlement of compensation for the wrongful death of a child had been agreed upon amounting to €180,000.

As part of the settlement agreement, an apology was read out by CEO of Temple Street Children´s Hospital – Mona Baker – who said that she understood that no apology or compensation arising from Kaiden´s death could negate the continuing heartache that the family must feel every day.

Judge Cross thereafter approved the settlement of compensation for the wrongful death of a child which comprised of €145,000 for Kate Costello´s nervous shock as a result of the death of her son and €35,000 relating to the wrongful death due to a delayed diagnosis.

A widower, who lost his wife after she had given birth to their son via a C-section procedure, has made a claim for death after Caesarean against the Health Service Executive.

Dhara Kivlehan (29) from Dromahair, County Sligo, gave birth to her son – Dior – on 21st September 2010 at Sligo General Hospital via a Caesarean section operation but, soon after the procedure, developed multiple organ failure secondary to HELLP syndrome – a variant of pre-eclampsia. Dhara was rushed to Belfast´s Royal Victoria Hospital to receive specialist treatment, but died on September 29th.

Dhara´s husband – Kevin Kivlehan (33) – asked the Belfast Coroner John Lecky for an inquest into his wife´s death, but his request was turned down. Now he has asked the Coroner for Sligo to investigate the circumstances of his wife´s death and made a claim for death after Caesarean against the Health Service Executive (HSE).

No decision has yet been made by the Sligo Coroner, but the HSE is expected to defend themselves against the claim for death after Caesarean, and the alleged breach of duty and alleged negligence claimed by Kevin Kivlehan, after the symptoms of hemolysis, elevated liver enzymes and a low latelet count were allegedly not identified and treated in time to prevent his wife´s death.

A High Court decision on whether the HSE have a case to answer in respect of the claim for death after Caesarean is expected soon.

A woman, who child was delivered stillborn due to the necessary blood not being available on an ambulance, has been awarded €170,000 stillborn child compensation in the High Court.

Fiona Ni Chonchubhair (36) from Killarney, County Kerry, was thirty-one weeks pregnant when she attended the Tralee Hospital in May 2009 suffering from internal bleeding. An ambulance was arranged to transfer her to Cork University Hospital – some 71 miles away – but the ambulance was not equipped with blood transfusion equipment.

A further delay of 20 minutes, when the ambulance crew could not locate the accident and emergency unit, led to Fiona losing a substantial amount of blood and despite being immediately operated on and given six units of blood on her arrival at Cork University Hospital, the treatment came too late to save her baby, who was delivered stillborn by Caesarean section.

Fiona and her husband – Stephen Cotter – made a claim for stillborn child compensation against the Health Service Executive (HSE) alleging that, had she received a transfusion en route to Cork University Hospital, Fiona would have suffered a less severe level of hypovolaemic shock, which would have provided sufficient oxygen to her child to ensure its survival.

The couple´s claim included compensation for the post-traumatic stress, severe bereavement disorder and adjustment disorder that Fiona had suffered, and also for the cost of renting a home in Cork during a later pregnancy so that Fiona would be closer to the hospital. After an investigation into the stillborn child claim for compensation, the HSE admitted liability and issued and apologised to Fiona and Stephen.

At the High Court in Dublin, Mr Justice Sean Ryan said that the HSE had demonstrated “extraordinary ineptitude” and that it was “scarcely credible” in this day and age an ambulance would be arranged for a patient suffering from internal bleed without someone thinking of having the necessary cross-matched blood for transfusion.

Hearing that the claim for stillborn child compensation was before him for the assessment of damages only, Mr Justice Sean Ryan told Fiona that he could only determine compensation for a stillborn child on the basis of legal principles and not based on his sense of indignation, and awarded the couple €170,000 in stillborn child compensation.

An inquest has heard how a Dublin woman died two days after being dispensed the wrong medicine by one of the city´s pharmacies.

Margaret Swaine (64) died due to a heart attack in July 2010 after being mistakenly dispensed Tegretol – an anti-convulsant and mood stabilising drug – instead of Trentol, a drug which had been prescribed for Margaret to assist the flow of blood through her body due to a pre-existing heart condition.

The Coroners Court heard Dr Brian Farrell testify that Margaret´s death was due to her heart condition, but the effects of the Tegretol had constituted an “additional stressor”. His testimony was supported by University College Dublin´s Professor Patrick Murray, who confirmed that the presence of Tegretol had been a contributing factor to Margaret´s heart attack and said “It is very unlikely that she would have passed away on that given day had she not taken the Tegretol.”

The court was also told the circumstances of how Margaret was dispensed the wrong medicine. Margaret´s friend – Ann Murphy – related how Margaret had returned from the Janet Dillon Pharmacy in Stoneybatter with the tablets which Ann believed were for the treatment of depression. Margaret took the Tegretol tablets three times over the course of the day and became groggy, disorientated and unsteady on her feet.

Ann visited the pharmacy and showed the box of tablets to pharmacist Janet Dillon, who was shocked that the pharmacy had dispensed the wrong medicine and who exchanged the Tegretol for the correct medicine. However, Margaret´s symptoms continued and the following morning she was discovered sitting on the side of her bed having difficulty breathing. White foam was coming from her mouth and her pulse deteriorated. An ambulance was summoned but attempts to resuscitate Margaret at the Mater Hospital failed.

In court, Janet Dillon testified that a “picking error” by a trainee assistant had been the reason why the wrong medicine was dispensed, but that she checked the medicine before it was dispensed to Margaret and her failure to spot the mistake was attributable to human error. The DPP has decided not to prosecute the pharmacy, but Margaret´s family may be entitled to claim compensation for being dispensed the wrong medicine.

The family of a woman who died giving birth to her second child has been awarded 850,000 Euros in compensation for medical misadventure following a High Court hearing.

Evelyn Flanagan (38) from Castlebar in County Mayo died at Mayo General Hospital on October 19, 2007, following the birth of her daughter Niamh as a result of serious complications. An initial post-mortem suggested that Evelyn´s death was attributable to an amniotic fluid embolism; however Evelyn´s family contested the findings – claiming that the deterioration in her condition was due to a postpartum haemorrhage which could have been prevented with greater care.

Inquest proceedings in 2008 and 2009 resulted in a verdict of death by medical adventure, following which Evelyn´s husband – Padraic Flanagan – made a claim for medical misadventure compensation against the Health Service Executive and consultant obstetrician, Dr Murtada Mohamed. It was alleged in the action that Evelyn suffered a postpartum haemorrhage as a result of a rupture of her uterus which was not detected or adequately dealt with.

Mayo General Hospital initially denied that negligence had occurred but, as Mr Justice Michael Peart heard at the High Court, an acknowledgement of liability had been made during mediation prior to court proceedings. The judge awarded the family 850,000 Euros in compensation for medical misadventure to include the maximum allowable 25,395 Euros for mental distress and payments for each of Evelyn´s two children as they grow older.

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”.

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.

The family of a man, who was tragically crushed to death between two diggers in a workplace accident, is to receive 550,000 Euros wrongful death at work compensation from the man´s former employers.

Ronan Conway (27) died after leaving the cab of his vehicle to investigate something in the ground in front of where he was working. Unfortunately he had failed to lock the safety lever on the digger before leaving the vehicle and was crushed between his digger and another working on the site.

Following an investigation into the fatal accident of November 2008, Ronan´s fiancée of eight years Anne Marie Morgan (30) of Kilcullen, County Wicklow, claimed wrongful death at work compensation from Ronan´s former employers – OB Hire and Sales Limited – alleging that they were responsible for Ronan´s fatal accident due to allowing him to work in a yard which had “little or no lighting”.

OB Hire and Sales Limited denied the allegations – claiming that Ronan had failed to follow the training he had been given in the operation of the digger and that it was his own negligence which led to his fatal accident.

However, at Dublin High Court, Mr Justice John Quirke heard that the company had made an offer to settle the claim for wrongful death at work compensation which the family were prepared to accept. The total amount of compensation had been reduced to account for Ronan´s contributory negligence and was to be divided between the claimant, Ronan´s parents and siblings, and the children both Ronan and Ms Morgan had from their previous relationships.