Posted: February 22nd, 2021
At the Circuit Civil Court a toddler who fell 10 feet onto concrete paving through a gap in glass panelling where one of the panels was missing
has had a €25,000 footpath accident compensation settlement approved.
During proceedings at court, barrister Eavanna Fitzgerald informed
Judge John O’Connor that Ewa Stecyk was attempting to unlock an entrance gate to a Dublin apartment building, when her 19-month-old son Alex Szabo moved to look through a glass-panelled barrier. Appearing with Maguire McClafferty Solicitors for Alex and Ms Stecyk, Fitzgerald said the child and his mother did not know that one of the large glass panels was missing.
She said: “The boy walked through the space and fell three metres onto a concrete surface. Luckily, despite the very serious circumstances, there was a good outcome as he landed on his feet, falling forward on his hands and knees.”
She informed the Judge that the incident in question occurred during October 2017 at The Concert Building at an apartments block in Dublin 12 as the young child was attempting to open an entrance gate. In the accident that ensued the young boy injured his feet, knees and hands, and had also struck his head.
Due to the suffering that the young boy went through his mother, who lives at Clear Water Court, South Royal Canal Park, Ashtown, Dublin 15, subsequently rushed to Crumlin Children’s Hospital. Here, following a series of x-rays it was discovered that he had not suffered any fractures.
Ms Fitzgerald advised Judge O’Connor that his colleague, Judge Kathryn Hutton, had adjourned the case during 2020, having requested additional medical reports. At this point in time a settlement of €20,000 had been offered.
The additional reports by completed by paediatric orthopaedic surgeon Dr Paula M. Kelly have indicated that Alex did not sustain any long-term orthopaedic injuries. Through his mother, the boy initiated the legal action for compensation against some Parkwest Management firms which have registered addresses at Harcourt Street, Dublin 2, and were the legal occupiers of The Concert Building in Parkwest.
Counsel recommended that the Judge approve the compensation settlement offer. Judge O’Connor, as he gave his approval to a new €25,000 compensation offer, said that while the boy had walked with a limp for a number of weeks, he had made a full recovery. from the accident.
Posted: November 1st, 2020
Aimee Brennan, a 12-year-old girl, has settled her High Court compensation action for €9.4m in relation to being allegedly paralysed from the chest down from an operation to treat curvature of her spine at Our Lady’s Children’s Hospital, Crumlin, Dublin.
The operation took place when she was six-years-old and, since that time she has been suffering with paraplegia and has to use a wheelchair.
Aimee’s legal representative, Liam Reidy SC informed the court, that she had curvature of the spine, was living an independent life prior before the operation. However she had opted to undergo the surgery due to the fact that she was unable to breath correctly.
Counsel said the surgery included the placing of an anchor system and implants along the spine using pedicle screws. It was claimed that the screws had been allegedly improperly placed. The hospital did not accept this claimed and argued that the screws did not inflict damage and the injuries could have been caused by a stroke, which is a known complication of this type of surgical treatment.
Aimee’s mother Jacinta informed the court, via an affidavit, that Aimee “…has been through so much but always has a smile on her face”. She added that her daughter was never able to walk since the operation and she has no power or sensation from below chest level.
Aimee, of Wolfhill, Co Laois, took the legal action against Our Lady’s Children’s Hospital through her mother. It was alleged that Aimee had a necessary operation on September 29, 2014 during which she sustained an injury to her spinal cord resulting in paraplegia.
Three days prior to the operation Aimee’s mother was advised that the curve of the spine was significant and was inflicting pressure on Aimee’s lungs and the operation was necessary to save her life. It is claimed no risks or alternative options to the proposed surgery were provided to Mrs Brennan.
Aimee returned from the operation still on traction and was taken to the intensive care unit. Her father Alan remained with her through the night and saw Aimee suffering with pins and needles in her legs at about 4:30am. A nursing note of 6am recorded Aimee being unable to complete requests to move her lower limbs.
An urgent MRI scan was completed and she was taken back to theatre where a hematoma was evacuated during an operation that took over six hours to complete. It is alleged that, in relation to the main operation, there was negligence in implementing a surgical strategy which was not allegedly indicated and which did not permit for more conservative approaches to Aimee’s ailment.
There was an alleged failure to complete pre-operative advanced imaging to create a road map to guide the placement of critical high-risk implants in surgery. The claims were refuted.
Following the operation, Aimee had to attend the National Rehabilitation Hospital in February of 2015 and remained there for three months.
Approving the €9.4m surgical negligence compensation settlement Mr Justice Kevin Cross said it wa a very good one.
Posted: October 8th, 2019
Wee Care Limited, Monkstown, Co Dublin has agreed a €32,500 creche compensation settlement with the family of a two-year-old boy who fell and cut his left eyebrow. The award was approved at the Circuit Civil Court earlier today.
Legal representative for the boy’s family, barrister Samantha Cruess Callaghan, informed Judge John O’Connor that the bathroom accident took place when Lucas Murphy was cleaning his hands in a bathroom at the creche. Lucas, who is now seven, was using a small foot stool to stand on so he could reach the sink at a sink in question. He was standing on the footstool as he could not reach the sink. He lost his footing and, as he fell to the ground, he bashed his head on the bowl of the toilet.
Lucas, lives at Ashgrove, Kill Avenue, Dun Laoghaire took the creche injury compensation action, via father Darren Murphy, against the owners of Wee Care Ltd, It was claimed that, due to their negligence. he fell and was left with a visible horizontal scar on his left eyebrow.
Lucas, was just two-and-a-half years old when the creche bathroom accident happened in October 2014 at the Wee Care Creche. The Judge was told that Lucas suffered a lot of of trauma as he was rushed to Tallaght Hospital, before being transferred to Our Lady’s Children’s Hospital , Crumlin for treatment which included applying adhesive tape to the laceration.
After being treated Lucas had to attend three further review appointments at the day care unit of the hospital. On his last appointment in January 2015 it was found that his cut had successfully healed leaving a two-centimetre long laceration.
Wee Care Ltd made a personal injury child settlement offer of €32,500 damages which, the Judge was advised, Lucas’ parents felt was sufficient. However, Judge O’Connor informed them that it was a very reasonable offer and he gave his approval for it.