Injury Compensation News

A report released by the Health and Safety Authority has revealed an increase of 127% in fatal accidents on Irish farms in 2010. The number of deaths in the agriculture industry rose from 11 in 2009 to 25 in 2010 and represents more than half of all workplace fatalities occurring in Ireland.

Commenting on the high fatal accident rate in agriculture, Chief Executive of the HSA, Mr. Martin O´Halloran stated “Farming is a difficult and challenging occupation, many involved are self-employed and the pressures that farmers are under can be intense at times. However, the fact is that the types of farm accidents that are causing deaths and serious accidents, such as those involving machinery and livestock, can be prevented.”

He also urged farmers and farm proprietors to follow the example of the construction industry, which has seen a substantial drop in workplace fatalities (from 10 to 6 in 2010), and which Mr. O´Halloran attributed to everybody “buying-in” to the concept of health and safety. Reaffirming the HSA policy that increased compliance results in a sustained reduction in accidents, Mr O´Halloran announced an increase in planned farm inspections in 2011 from 1,700 (in 2010) to a minimum of 3,000.

Acknowledging that many types of farm accidents which cause death and serious injury can be prevented, Mr. O’Halloran concluded, “We want to work with farmers by taking a sensible approach to health and safety management. We will support those that genuinely want to improve and take enforcement action against those that refuse to do so”.

A jury at the coroner’s court returned a verdict of death by “medical accident” in the case of Louise Butler at the Mid Western Regional Hospital in Limerick on November 16th, 2006 from a large subarachnoid haemorrhage, one month after she was mistakenly diagnosed with a migraine.

The wrong diagnosis occurred despite the family of the 21-year-old victim repeatedly requesting a brain scan.

The Jury has recommended that patients who present at hospitals with persistent and severe headaches should receive Cat scans  as soon as possible.

The Health and Safety Executive had already apologised in the High Court in July during proceedings and also made  a compensation payment to the family of Louise Butler.

A High Court settlement of €40,000 was approved by Mr Justice Michael Peart as compensation for  the distressed family of Ms Louise Butler, aged 21, of Cappa Lodge, Sixmilebridge, County Clare.  Louse Bulter died at Limerick Regional Hospital on November 16, 2006.

The settlement and apology followed a hospital negligence claim, which the HSE had initially denied. The claim was brought against the Health Service Executive (HSE) by Ms Butler’s brother James Butler, on behalf of his family, who insisted that Ms Butler would have lived if she had received proper medical care at Limerick Regional Hospital,

Between October 6-12, 2006, Ms Butler sought help at the hospital for an unbearable headache. Her family and doctor strongly urged the hospital to provide her with a CT cat scan prior to her leaving the hospital. Ms Butler was discharged on October 12 without having received a CT cat scan.  The hospital eventually did provide a CT cat scan for Ms Butler on October 13 that  showed massive bleeding in her brain. The family claimed that this came too later because Ms Butler collapsed and died before receiving the results.

Medical experts testified that if the scan would have shown the need for immediate treatment if it had been provided earlier.

The HSE apologised to the Butler family and admitted medical failures and deficiencies had contributed to Louise Butler’s tragic death.

Dermot Moylan of Mallow, County Cork, had a settlement of €4.25m settlement approved at the High Court by Mr Justice Iarfhlaith O’Neill for birth injuries.

Moylan suffered severe brain damage after he was deprived of oxygen at birth and suffers from epilepsy and cerebral palsy and he will need care and support for the rest of his life.

The case was taken against Southern Health Board,  Erinville Hospital,  Dr David Jenkins, and Dr John McKiernan.

The settlement was made without any admission of liability.

The family of Maria Verdida, a nurse aged 52 at the time of her death in October 2003, has received €575,000 following an road traffic accident involving a bus.
The case for wrongful death was taken by the husband of the deceased nurse, Resituto Verdida, who has since moved back to the Philippines, against Dublin Bus and the bus driver. The defendants admitted full liability for the accident and the only question to be decided was the amount of compensation.
The bus driver, Frank Turner of Crumlin, Dublin, was driving at a safe speed but was temporarily blinded by strong sunlight and failed to react in time when the light at a pedestrian crossing changed to amber.  Mr Turner admitted fault in the accident and apologised to the family of Mrs Verdida. He was sentenced to a six-month suspended sentence, fined €500,  and banned from driving for four years.
The bus was not carrying any passengers – which would surely have resulted in claims for mental stress had they witnessed the very unfortunate accident.