Child Injury Compensation
If your child suffers an injury in an accident for which they were not to blame, it may be possible for a parent or guardian to make a claim for child injury compensation on the child´s behalf. Children are not permitted to initiate their own legal action until the age of eighteen, by which time evidence of negligence may have disappeared and the memories of witnesses to your child´s accident faded. Furthermore, as it may be necessary to obtain child injury compensation to pay for medical care, it is in your best interests to discuss the circumstances of your child´s accident and their eligibility to child injury compensation with a solicitor on our Free Help Line at the earliest possible opportunity.
Posted: February 25th, 2016
A €17,500 settlement of compensation has been approved by a judge after a claim was made on behalf of a young girl against Ralph Lauren, a designer clothing brand.
Amelia Duhy, who was born on in April 2010, was bought a Ralph Lauren dress and pants outfit as a present shortly after she was born. Ten weeks after the birth, Amelia and her parents – Robert and Julie Duhy from Drogheda, Co. Louth – went on a short holiday. They brought the outfit, which had been bought in Brown Thomas, Dublin, with them.
However, one evening when Julie was preparing her daughter for bed, she noticed red marks on her child’s thighs. When they returned home, a GP said it was not an allergic reaction to the trousers and referred the family to a reconstructive surgeon. The consultant identified the bands as “secondary to a tights constriction band”.
Once the cause of the injuries had been determined, the clothes were sent to an expect in elastic fabric technologies. This expert ascertained that the material used was twice the recommended strength for adult clothing, meaning it was unsuitable for newborns. Julie sought legal counsel upon this advice and then made a claim on behalf of her daughter against Ralph Lauren Ireland Limited.
The legal team for Ralph Lauren entered a full defence against the claim prior to the hearing in the Circuit Civil Court, which was overseen by Mr Justice Raymond Groarke. They also made the offer of a €17,500 settlement. The judge was also told of how Julie had to massage BioOil into her baby’s thighs for two and a half years before the scars faded.
Judge Groarke was told of how the label for Ralph Lauren New York had been stitched into the clothes, manufactured in China, and though the elastic was strong, it had never broken the baby’s skin. He then proceeded to approve the settlement and ended the hearing.
Posted: January 8th, 2016
A young boy has claimed compensation, through his mother, after he sustained scalding injuries whilst on an Aer Lingus flight.
The boy, who has remained anonymous, was injured whilst on board an Aer Lingus plane flying from Dublin to John F. Kennedy International Airport in the United States in June 2014. The only detailed that has been confirmed is that the child was ‘injured as a result of scalding hot liquid’.
The claim for compensation was filed in New York, and said that the boy sustained his injuries because of the negligence of the in-flight crew. Because of the accident, the boy is noted as being ‘deprived of his enjoyment of life, pursuits and interests and in the future will be deprived on the same’.
Though the national airline denies any negligent activities, the Montreal Convention states that it is liable to pay compensation, once it was on an Aer Lingus flight, regardless of how the injury came about. Aer Lingus has since requested a copy of the injured boy’s medical history such that they can assess the amount of compensation needed before negotiations are due to start this month.
However, this is not a unique incident: this is the second claim made for similar scalding injuries this year. In August, a claim was filed in Florida on behalf of a ten-year-old girl, scalded by tea whilst travelling from Dublin to Orlando. The lid had not been properly fitted onto the cup.
Through her parents, the girl is making a claim for $75,000. The child had sustained burns to her legs and lower torso, and according to her parents, may require plastic surgery. Though Aer Lingus once again denies liability for the injuries, denying that the tea they served was excessively hot, they are required to pay compensation under the aforementioned Montreal Convention.
In 2011, another similar case was heard when Sophie Gorman – aged five from Knocklyon, Dublin, was also burned as a member of the crew spilled her mother’s tea on her legs. The case went to court in 2012 when Mr Justice Matthew Deery approved a compensation settlement of €7,000.
Posted: December 9th, 2015
A judge in the Circuit Civil Court has adjourned the second hearing in a claim for personal injury compensation after he determines that the offer for compensation was too low.
When Harry Ryan, aged twelve, was playing on a local green in Swords late in 2012, he fell and badly cut himself on a piece of glass. He was then taken to the VHI Swiftcare Clinic, also located in Swords, and was administered eight stitches under local anaesthetic, as well as having steri-strips placed along his leg to help it heal.
As Harry was underage, he made a claim for compensation through his mother Ita against Fingal County Council. Negotiations proceeded between the parties, and a compensation settlement of €3,000 was decided upon without an admission of liability from the council. The case then proceeded to the courts, as a judge had final say to approve the settlement considering Harry was underage.
Yet when the case was heard at the Circuit Civil Court last month, the judge presiding the case – Mr Justice James O’Donaghue did not approve the settlement. He said that the amount was too low when Harry’s injury was taken into account, and adjourned the first hearing for a week to facilitate further discussions between the parties.
The second hearing was overseen by Mr Justice Raymond Goarke, who was informed that the settlement for compensation had been increased to €3,500. However, upon examining Harry’s scars from the event, he too deemed this too low an offer of compensation. Harry’s barrister informed Judge Goarke that there was a recent dismissal of a similar case in the High Court recently, and that he was aware that Fingal County Council would have a full defence ready should the case proceed there. Even so, the judge adjourned the case, saying that the settlement should in fact amount to €30,000. The case is expected to be heard later this month, if Harry’s legal team decide that the risk of being thrown out is outweighed by the possible increase in compensation.
Posted: April 2nd, 2015
A €25,000 settlement of compensation for a personal injury on the Luas has been approved in the Circuit Civil Court.
Aoife Heron from Raheny in Dublin was just six years of age when, on 14th February 2008, she boarded a Luas at Connelly Street ahead of her mother Elaine and her younger sister Kate, who was being transported in a buggy.
As Elaine started to board the Luas with the buggy, the automatic doors of the Luas closed – trapping the buggy between them. As there was an obstacle preventing the doors from closing, they automatically opened again, and Elaine was able to retrieve the buggy containing her younger daughter.
However, as Aoife – who was still inside the carriage – attempted to join her mother and sister on the platform, the doors of the Luas closed once again – this time trapping the young girl´s head between them and causing her to sustain a traumatic head injury.
An ambulance was summoned and Aoife was treated at the scene by paramedics before attending the family´s GP later in the day. The GP diagnosed bruising and a soft tissue injury and – seven years later – Aoife still has a scar from her accident and a fear of taking the Luas.
On Aoife´s behalf, Elaine made a claim for compensation for a personal injury on the Luas, claiming that the operator of the service – Veolia Transport Dublin Light Rail Ltd – had been negligent and failed in its duty of care.
The transport company denied its liability for Aoife´s head injury, and prepared a full defence against the claim. However, after a period of negotiation, a €25,000 settlement of compensation for a personal injury on the Luas was agreed, and subsequently presented to Mr Justice Raymond Groarke at the Circuit Civil Court for approval.
At the approval hearing, Judge Groarke was told the circumstances of Aoife´s accident and heard that she may need psychotherapy in the future to overcome her phobia of travelling on the Luas. The judge approved the settlement of compensation for a personal injury on the Luas and wished Aoife all the best for the future.
Posted: May 7th, 2014
A High Court judge has approved a €9 million settlement of compensation for bus accident injuries in favour of a Spanish student who was knocked down by a bus when he was twelve years old.
On February 4th 2009, Carlos Tesch (now eighteen years of age) was walking along Herbert Road in Bray with some fellow Spanish students, when a number of older youths – who had allegedly been verbally abusive to the students in the past – started to approach the group.
Carlos tried to avoid the older youths by running out into the road; but, as he left the pavement, he was knocked down by a bus travelling along the road from behind him. Carlos suffered serious head injuries in the accident – including a fractured skull and brain damage – which has left him unable to speak or walk more than a few paces without assistance.
Carlos´ father – Hans Tesch – relinquished his managerial position to look after his son, and has twice taken him for stem cell treatment in China. Despite Carlos´ severe disabilities, he still manages to attend classes at the Bray Institute of Further Education.
Carlos made a claim for compensation for bus accident injuries against Dublin Bus – the operators of the bus service. Dublin Bus contested their liability for Carlos´ bus accident injuries, stating that it was unreasonable for the driver of the bus to expect a child to randomly run out into the road.
However, in 2013 Carlos´ claim was heard at the High Court; where the defendant was considered to be 70 percent liable for the accident, after it was admitted that the bus driver had been distracted by talking with a passenger shortly before Carlos ran out from the pavement.
Dublin Bus appealed the High Court´s ruling, but the verdict was upheld by the Supreme Court earlier this year, and the claim returned to the High Court for the assessment of damages. A settlement of compensation for bus accident injuries amounting to €9 million was agreed, and the case was heard once again in the High Court for approval of the settlement.
After hearing the circumstances of Carlos´ bus accident, Ms Justice Mary Irvine approved the compensation settlement – stating that her experience of cases such as this made her aware of the sacrifices that parents have to make when their children are so catastrophically injured.
Posted: September 20th, 2012
A child, whose family alleged he suffered devastating injuries due to the type of bat used in a baseball game, has been awarded 14.5 million dollars in compensation for sports injury to a child in an out of court settlement.
Steven Domalewski was twelve years of age when his tragic baseball accident occurred. Playing as a pitcher in a Police Athletic League baseball game in 2006, the player to who Steven pitched the ball struck it back with such force that it caused Steven to suffer a cardiac arrest when it hit his chest.
Despite the attentions of parents and officials, it was almost twenty minutes later when Steven regained consciousness – during which time his brain was starved of oxygen, resulting in him sustaining permanent and irreversible brain damage.
Steven´s family made a claim for sports injury compensation, based on the grounds that the baseball bat that was used was in the game was made of metal and, because of the additional power it provided in relation to wooden bats, should not have been used in a children´s game of baseball.
Liability was denied by Little League Baseball who recommended the bat as safe to use, Hillerich and Bradsby – the manufacturers of the “Louisville Slugger” metal baseball bat – and the national retailer of the bat, The Sports Authority.
However, legal representatives acting on behalf of the Domalewski family argued that – in 2008 – Little League Baseball limited the performance of metal bats used in children´s games of baseball to the same as that of wooden bats, with an eighty percent reduction in injuries to pitchers.
A trial date was scheduled but, as opening statements were about to be heard, the State Superior Court in Passaic County heard that an agreement of compensation for sport injury had been negotiated between the parties and that Steven was to receive 14.5 million dollars to provide him with the care that he will need for the rest of his life.
Posted: August 29th, 2012
An eleven-year-old boy, who sustained a broken leg while playing football on council property, has had a settlement of child football injury compensation approved in the Circuit Civil Court.
Kristin McMahon from Dublin was just eight years of age when the incident occurred in June 2009 at the Dublin City Council owned site of the former fish market in St. Michan´s Street. While playing in a competition hosted by Bradog Youth Services Ltd, Kristin fell on the concrete surface and sustained injuries to both his knee and leg.
Kirstin was taken to the Children´s University Hospital in Temple Street by ambulance where x-rays revealed a fractured tibia and Kristin was fitted with a plaster cast which he had to wear for a few weeks.
Through his mother, Carol Mooney, Kristin made a claim for child football injury compensation against Bradog Youth Services Ltd and Dublin City Council and, in a negotiated settlement, the two defendant´s agreed to pay 20,000 Euros in compensation for injury.
As with all compensation claims for children, the settlement had to be approved in court and, after hearing the circumstances of Kristin´s accident and the consequences to his quality of life while he was recovering, Mr Justice Matthew Deery approved the settlement of child football injury compensation in court.
Posted: October 17th, 2011
A young woman, who was found to have cerebral palsy shortly after her birth, has had a birth injury cerebral palsy settlement of 1.4 million Euros approved in the High Court.
Deborah French (24) of Ballymitty, County Wexford, was diagnosed with cerebral palsy just after her birth in August 1987 at Wexford General Hospital. Her parents took a claim for birth injury compensation against consultant obstetrician Harry Murphy and the South Eastern Health Board, alleging that Dr Murphy had been negligent in the hours leading up to and during Deborah´s birth.
The case was settled without admission of liability by the defence, a course of action supported by Mr Justice John Quirke as he approved the settlement, stating that the conflicting opinions offered by medical experts may have put the family at risk of getting nothing in a trial.
The judge recommended that the funds be released to Deborah´s parents – Ann and John French – in annual amounts of 100,000 Euros.
Posted: October 8th, 2011
A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a schoolboy car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.
Michael Hogan of Firhouse, County Dublin, was just eleven years old when the accident happened in 2006. Climbing over a supermarket car park fence at the Firhouse Shopping Centre, he caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into the inside of his left thigh.
Michael´s injuries were so bad that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a reminder of his injury.
Liability for the car park injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the compensation offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.