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.

For PIP implant information, contact the Irish Medicines Board on 01 6764 971.

An estimated 1,500 women could be facing an uncertain New Year, and seeking advice on breast implant compensation claims, following the latest developments in relation to the Poly Implant Prothese (PIP) Recall in Ireland.

Advice provided at the time of the initial recall in March 2010 by the Irish Medicines Board was for women concerned about their PIP breast implants to speak with their original implanting surgeon and undergo an ultrasound scan if it was felt that the integrity of the breast implant sac had been compromised.

However, following the death of a woman in France from anaplastic large cell lymphoma and a high profile social media campaign by women who are witnessing unusual illnesses, the French government has now advised all women who received the recalled breast implants to have them removed.

The French government´s concern may be justified. After the recall of the PIP breast implants for a higher than usual rate of rupture, it was discovered that the silicone gel inside of the implant sacs was not the same medicinal grade that had been passed by the French health and safety authorities, but a cheap substitute which is more commonly used in the manufacture of mattresses.

Although the breast implant recall in Ireland only affects women who underwent cosmetic surgery for aesthetic purposes, many of the potential victims could be entitled to make breast implant compensation claims to cover the cost of removing the recall breast implants, the unnecessary pain and suffering that a further operation would cause and for the emotional trauma this scenario has created – both prior to surgery and thereafter.

 Note: The breast implant recall in Ireland affects an estimated 1,500 patients who received Poly Implant Prothese breast implants from January 2001 to March 2010 at the following clinics:-

• Shandon Street Hospital in Cork
• Clane Hospital in County Kildare
• Harley Medical Clinic in Dublin

In all cases where you suspect that you may have a Poly Implant Prothese breast implant, seek medical attention at the earliest possible opportunity.

For PIP implant information, contact the Irish Medicines Board on 01 6764 971.

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.

An error in the dosage of flu vaccine given to the public and the Health Service Executive´s own staff has the potential to result in medical negligence claims.  

Red-faced officials at the HSE admitted that child dosages of the flu vaccine had been administered to almost 500 members of the public and 850 employees at eleven HSE centres in the Dublin and Mid-Leinster regions – leaving them at risk of contracting a flu virus when the recipients of the vaccine would have believed they were protected against infection.

The error only came to light after a pharmacist queried why so much vaccine remained in the syringe after administering the “recommended” dosage, and it is believed that 75 of 835 pharmacists trained to give flu vaccines to those most at risk from contracting the virus were incorrectly trained by Hibernian Healthcare.

The company has now acknowledged its error and agreed to cover the cost of providing second flu vaccines to ensure recipients are adequately protected. However the question of whether a person who fails to receive a booster vaccine, and then falls ill from the flu, is entitled to make a medical negligence claim for compensation still remains open.

The majority of the incorrect flu vaccine doses have been given to those most at risk from contracting the virus, including people with long-term illnesses, the elderly and front-line HSE staff. Should any of these people fall ill from the flu due to being given an inadequate dose of flu vaccine, the consequences could be fatal.

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.

A teenage girl, who tripped on a faultily repaired step outside her home, has accepted an offer of slip, trip and fall compensation from Dublin City Council amounting to 32,300 Euros.

Sarah O´Mahony (18) was just nine years of age when the accident happened in October 2002 outside of her residence in Dublin. Walking up the concrete steps to her home, Sarah tripped on a poorly repaired stair and fell – hitting her central incisors on a higher step and forcing the teeth back into her gum.

At the Dublin Circuit Civil Court, Circuit Court President Mr Justice Matthew Deery heard that Sarah´s original claim for slip, trip and fall compensation had been adjourned in 2006 because of a need to obtain further dental reports; however now the Injuries Board Ireland had assessed her claim at 32,300 Euros and Dublin City Council was in agreement with the figure.

Mr Justice Matthew Deery heard from Sarah´s legal council that she was also prepared to accept the assessment of slip, trip and fall compensation, and the judge agreed that it was in her best interests to accept the offer.

A woman who had to have both legs amputated due to alleged medical negligence has settled her failure to diagnose compensation claim against the doctor she accused of malpractice.

Catherine Blake (62) of Clonmel, County Tipperary, had alleged negligence and a breach in the doctor´s duty of care following an accident she had been involved in 1998. Two crates she had been seated on tipped over and Catherine had sustained injuries to her head and back.

She had attended Dr Gerard Sullivan at the Mary Street Medical Centre in Clonmel, County Tipperary in July 2000 complaining of pains in her legs and difficulty walking. It was claimed in Catherine´s compensation claim for late diagnosis that Dr Sullivan had ignored her complaints of symptoms which might have led the doctor to diagnose deep-vein thrombosis.

In September 2000, Dr Sullivan diagnosed that Catherine was suffering from thrombophlebitis, a vein inflammation due to a blood clot, but it was alleged in the failure to diagnose compensation claim that he failed to follow up his diagnosis with adequate treatment and continued to rule out the possibility of deep vein thrombosis. Catherine´s condition continued to deteriorate and she eventually had to have both legs amputated – allegedly due to Dr Sullivan´s failure to diagnose.

Dr Sullivan denied the claims but shortly before the trial was due to begin the High Court in Dublin heard that a settlement had been reached without admission of liability. No details were provided to the court about how much compensation Catherine was to receive.

A boy, who received permanent facial injuries when walking through an unmarked plate glass door while on holiday in Spain, has had the compensation award for his child accident claim approved in the Civil Circuit Court.

Hayden Carr (8) from Dublin was just six years of age when the accident happened while on holiday with his family at the Spanish resort of Salou. Going out onto the apartment balcony, Hayden failed to notice that the glass balcony door had been closed and walked straight into it, smashing the glass and receiving a terrible gash to his forehead.

The injury left a scar which will be Hayden for the rest of his life and, on their return to Dublin, Hayden´s parent sought legal advice about making a child accident claim for compensation against Budget Travel Ltd of Dublin – the agents through which the Carr´s had booked their holiday.

Showing evidence that the plate glass door had been unmarked in contravention of European law, the travel company´s insurers admitted liability for the injury and, as Circuit Court President Mr Justice Matthew Deery heard at the Dublin Circuit Civil Court, agreed a compensation payment of 17,500 Euros.

Mr Justice Matthew Deery approved the settlement, which will now be held in court funds until Hayden reaches the age of eighteen.

Four children, who were passengers in a car accident when the vehicle driven by their mother was in collision with a Garda patrol car, have been awarded a total of 26,000 Euros in personal injury damages.

Dean McEvoy (15) and his three sisters, Lauren (13), Cody (11) and Megan (10), were travelling with their mother – Lorraine McEvoy of Crumlin, Dublin – when the accident occurred on the Tallaght bypass in November 2005.

Circuit Civil Court President, Mr Justice Matthew Deery, heard that the Garda patrol car that struck the McEvoy car was being driven “at some degree of urgency”, but without its siren or warning lights on.  Lorraine McEvoy and her four children all sustained soft tissue injuries as a result of the impact.

Mr Justice Matthew Deery also heard that the State had accepted liability for the accident only after a lengthy dispute was settled in the High Court and he was asked to approve agreed settlements of 6,000 Euros for Megan and Lauren, 6,500 Euros for Dean and 7,500 Euros for Cody who had been the worse injured of the child passengers in car accident.

A young boy, who was knocked down by a van as he played near his home, has had a car accident injury claim settlement of 17,500 Euros approved in the Circuit Civil Court.

Warren Lavelle (6) of Tallaght, Dublin, was hit by the van on July 13 2008, when he was only three years of age. He suffered head injuries as a result of the accident and has been left with a permanent scar on his head.

The driver of the van – John Connors, also of Tallaght, Dublin – admitted liability for the accident and, at the Circuit Civil Court in Dublin, Judge Jacqueline Linnane heard that the case was before her to approve the agreed settlement.

After noting that the scar was still visible, Judge Linnane approved the car accident injury claim settlement of 17,500 Euros.