Irish Injury Claims News
Posted: December 18th, 2019
€44,000 cap park accident compensation has been award to a prominent young athlete at the Circuit Civil Court after she broke a bone in her right foot
The injury to Sophia Crawford went unnoticed for a number of weeks and the girl had the agony of walking for weeks on an undetected broken bone.
Legal representative for the 15-year-old girl Crawford, Barrister Breffni Gordon, informed presiding Judge John O’Connor that an x-ray of her foot had been completed after the accident that occurred in Drury Street Car Park in Dublin in 2016. However, the scan had not identified any bone injury.
Mr Gordon told the court that Sophia had been taken by her father Gerard Crawford to Royal Bahrain Hospital while on holiday following complaints of further pain. During a subsequent MRI scan it was discovered that she had a fractured fifth metatarsal in her right foot.
Child Consultant Antoinette D’Alton submitted a medical saying that Sophia had experienced a massive amount of suffering due to the accident which occurred when she tripped on an open drain shore at the Drury Street Car Park. Through her mother Amanda Crawford, Sophia took a legal action against Park Rite, owners and operators of Drury Street Multi-Storey Car Park in Dublin’s city centre.
Mr Gordon told the judge that said Sophia was a prominent athlete and had played hockey and tennis for her school and was also participating in sailing.
He informed Judge O’Connor that the Personal Injuries Board had assessed her claim for compensation at €43,763 and he was advising that the court accept the offer made by the car park’s insurance providers.
Following this Judge O’Connor approved the settlement with costs in favour of the claimant.
Posted: November 13th, 2019
Following suffering cut to hie eye on a pharmacy shelf a Co
Dublin two year-old boy has been awarded €22,000 personal injury compensation.
The court was told that Ross Pickering of Merrion Park, South Hill Avenue, Blackrock, Co Dublin, had been in Bradley’s Chemist with his mother on 14th July, 2014, when the accident in question happened.
Counsel for the Pickering family Barrister Samantha Cruess- Callaghan was representing the boy on the legal action he too via his mother Marie-Claire Greenan. She told the court that after the accident, Ross had been rushed to the Emergency Department of Crumlin Hospital for medical treatment.
The Judge was informed that physicians treated the cut on Ross’ right upper eyelid, measuring around three centimetres. The laceration had been cleaned using an antiseptic method and was found to be superficial. The child was reviewed again two weeks later to have his steri-strips taken, there was no bleeding or indications of infection to Ross’s injury at the time and the wound had healed properly. She stated that the child’s mother had been advised that if there had been any concerns nine months after the accident, then Ross could seek the opinion of a plastic surgeon.
During his one year-check up to review the cut to his eyelid with a Plastic and Reconstructive surgeon, it was recorded that Ross had a scar measuring 1cm by 3mm above his right eye, slightly red in colour and visible from a close distance. His opinion had been that the scar had still been immature and would go on healing during the next 18 months when it would turn white in colour.
The boy’s family was taking the legal action against Siofra Limited and L’oreal (UK) Limited trading as La Roche Posay as a result of the injuries he sustained in the accident.
On the day that the accident happened, the child had bent down to pick something up from the floor . However, when he had been getting back up he caught the lower of his right eye on a sharp item that was on a La Roche Posay display shelf.
Ms Cruess- Callaghan recommended the personal injury compensation settlement €22,000 that had been proposed. She stated that it was her belief that this figure represents the value of Ross’s case.
Judge O’ Connor gave his approval to the settlement proposal offered by Siofra Limited and L’oreal (Uk) Limited trading as La Roche Posay (third party).
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.
Posted: September 5th, 2019
Minister for Health Simon Harris has said that the suspension in Ireland of all surgical procedures involving these devices will continue until such time as the HSE implements 19 recommendations that were made by a report from the Chief Medical Officer in Ireland, Dr Tony Holohan, at the end of 2018.
Vaginal mesh devices were previously implemented in operations to address stress urinary incontinence (SUI) and pelvic organ prolapse (POP); two conditions women can experience after natural childbirth or in their later years.
Dr Holohan’s report found that that the device (transvaginal mesh implants – TVMIs) used for the treatment of pelvic organ prolapse should no longer thought of as safe or acceptable. He added that these devices should only now be used to address complex cases, where other treatment options have failed or are not sufficient.
In the United Kingdom one of the chief experts on the matter has said that he feels the devices are unsafe for the treatment of incontinence. Chartered chemist Dr Chris DeArmitt, who has helped over 9,000 women settle their compensation actions successfully, said that there is adequate research to support the use of mesh as a mid-urethral sling for stress urinary incontinence or as an abdominally placed mesh for management of prolapse.
During 2017 in Ireland a number of legal actions were submitted following the airing of new reports from the UK on legal actions in relation to suffering caused by the use of vaginal mesh to treat incontinence in that jurisdiction. The women involved, according to their legal representatives, had previously been unaware of any possible link between their health issues and the device.
The US Food and Drug Administration (FDA) outlawed the sale and distribution of all mesh that was to be implemented in relation to pelvic organ prolapse in 2019. Over 100,000 people are taking a legal action in the United States in relation to injuries and illnesses that, they believe, arose due to the use of vaginal mesh.
Jeffrey Shuren, director of the FDA’s Center for Devices and Radiological Health said: “Patient safety is our highest priority, and women must have access to safe medical devices that provide relief from symptoms and better management of their medical conditions.”
Posted: August 19th, 2019
The Data Protection Commission (DPC) has made public the results of a study into the retention of information gathered of information during the application process for the Public Services Card (PSC) by the State which has deemed the practice was illegal.
The DPC revealed that PSC application scheme does not adhere with the transparency requirements of the data protection acts due to the amount of information that is provided by Department of Social Welfare applicants who have their private data processed. The data that the Department is holding on more than three million card holders must now be destroyed and the practice of data processing (by the Department) must be stopped within three weeks to avoid any potential sanctions being applied.
The DPC released a statement which read”Ultimately, we were struck by the extent to which the scheme, as implemented in practice, is far-removed from its original concept,” the DPC said in a statement published on its website.
“Whereas the scheme was conceived as one that would make it easier to access (and deliver) public services, with chip-and-pin type cards being used for actual card-based transactions, the true position is that no public sector body has invested in the technology capable of reading the chip that contains the encrypted elements of the Public Sector Identity dataset. Instead, the card has been reduced to a limited form of photo-ID, for which alternative uses have then had to be found.”
Data Protection Commissioner Helen Dixon also commented on the controversy saying: “The whole idea of the Public Services Card is that the Minister only issues one after a ‘Safe2’ process, which involves a face to face interview, bringing along identity documentation you already have and supporting documentation like utility bills, proof of address and so on.”
Following its introduction the PSC was used for the processing of social welfare payments. Subsequent to this it was a requirement in the for applying for a range of other services including first-time adult passport applicants, replacement of lost, stolen or damaged passports issued before January 2005, where the person is resident in the State, citizenship applications, driving test and driver licence appointments.
The scandal does not mean that the PSC will no longer be valid for all of these services. Dixon said: “The Department is retaining [this] indefinitely. So we have said if identity is authentication, such that the Minister is satisfied to issue the public services card, then there is no basis for retaining indefinitely all of that [utility bills, ID proofs etc]. It seems to defy the logic of the card.”
“Any cards that have been issued, their validity is not in question by anything we’ve found in this report,” she said. “They can continue to be used in the context of availing of free travel or availing of benefits that a person is claiming from the department.”
Civil society groups including Digital Rights Ireland, the Irish Council for Civil Liberties, the UN’s special rapporteur on extreme poverty, Age Action objected to its introduction are said to be thinking about submitting a class-action style case in relation to this data breach.
On its official Twitter account Digital Rights Ireland greeted the report stating: “We welcome @dpcireland’s observation that the PSC morphed from a cryptographic token designed to enhance security for citizens, into a photo id card with no particular purpose, but for which various alternative uses had to be found to justify its existence. We note that @welfare_ie tried its best to use spin, expensive PR campaigns, and hectoring of newsrooms to provide a basis for the PSC. They had to, because there was no legal basis, and limited political support.”
There is a good chance that there will be other compensation claims submitted in relation to this in the coming weeks and months.
Posted: July 25th, 2019
Dublin-based childcare group Hyde and Seek are bracing themselves for coming creche scandal compensation claims, government agency investigations and criminal convictions after an RTE Investigates report uncovered multiple cases of child maltreatment and breaches of childcare management legislation.
The report showed a range of illegal and unprofessional work practices in the four crechés owned and operated by the group. Ahead of the airing of the show one of the owners of Hyde and Seek, Anne Davy, has stepped down from frontline work with immediate effect.
This is not the first time that Ms Davy has found herself answering for breaches of childcare legislation as she was convicted in 2004 after her staff left a three-year-old boy on his own at a local playground. Following this, in 2007, she was convicted for breaching child care requirements including child to adult ratios and failing to keep adequate records. Following these convictions Davy’s company changed name on three separate occasions.
As part of the report, two undercover childcare workers were sought employment at crèches managed by the Hyde and Seek chain for RTÉ Investigates. They discovered serious violations of legislation, best childcare practice and required safety procedures. Child Protection Agency Tusla had completed 11 inspections at the facilities since September 2017 and, despite passing these reviews, children were being badly treated and place at serious risk in the event of fire.
Babies were seen to be left in high chairs for considerable periods of time which lead to them to becoming very stressed. One child was placed by themself in a room with the door closed due to perceived bad behaviour. The reporters also recorded incidents of poor food quality and inappropriate staff to child ratios.
This was only the beginning as it was seen that new staff, including one of the undercover reporters, was allowed to begin employment before they were appropriately Garda vetted. Sleeping conditions were another area of some worry as infants were placed to sleep on bouncers and there was not enough space between the cots to allow child care staff monitor the children.
Tusla issued a statement saying: “We recognise and share the serious concerns the programme raises about the quality of care within these crèches, but more importantly the impact of concerning adult behaviours on children.” The body will review the case and apply sanction up to and including criminal prosecutions and removing Hyde & Seek creches from the childcare register.
The Hyde & Seek group release a public statement commiting to their efforts to improve their practices. It said: “We know we need to work to rebuild, retain and enhance the trust our parents have in us. We have spoken to many of them in recent days and would urge others with concerns to contact us. We are available to talk to and meet parents at any time. We note that while the programme made criticisms of aspects of our service, it praised our childcare staff whose dedication, professionalism and kindness are central to the care we provide.”
Speaking in relation to the incident, Taoiseach Leo Varadkar said: “I think I speak for everybody in the country when I say that I was really appalled by what we saw on Prime Time in relation to the way that children were treated,” said Mr Varadkar in Donegal tonight. And I know that a lot of parents dropping their kids off to crèche or to preschool this morning must have been that little bit more worried or that little bit more nervous than they would be normally.”
It is likely that the Hyde and Seek group will now be facing a number of creche scandal compensation claims from parents and guardians of the children who were attending the Hyde and Seek crechés.
Posted: June 12th, 2019
A restaurant has been directed to pay €20,000 in workplace discrimination compensation to a gay bar manager his boss referred to him as ‘queer’ almost every day at work.
The Workplace Relations Commission (WRC) was given a number of examples by the bar manager of time when he was subject to offensive comments from his two bosses.
‘Director A’ spoke most of the comments to the bar manager and WRC Adjudication Officer, Marian Duffy commented: “I cannot comprehend how senior managers in a workplace would consider it acceptable to call such offensive names or make such offensive comments to a gay man.”
She went on to say: “I am satisfied that it is a breach of their trust and duty of care towards their employee to create and tolerate such a degrading and offensive work environment.”
Ms Duffy dismissed the restaurant’s argument that the terms used to describe the bar manager as “banter”.
Ms Duffy has directed the restaurant to pay the bar manager €20,000 after ruling that he was harassed on the basis of his sexual orientation in the workplace. She also said that staff training should conducted to prevent harassment on the nine grounds of discrimination under the Employment Equality Acts.
There were three witnesses to present evidence on behalf of the restaurant and they all claimed that they did not witness any derogatory comments directed towards the bar manager.
In January 2018, the bar manager was given a letter advising him that he was being made redundant. He told the WRC that he was of the opinion that he was being let go due to his sexual orientation. However, Ms Duffy dismissed this argument as his position was made redundant. The restaurant advised the WRC that the bar manager was made redundant because the business was not profitable.
Posted: May 30th, 2019
A personal injury compensation claim against Ryanair in relation to an accident where an 8-year-old girl had hot chocolate spilled on her has been settled for €150,000.
The eight-year-old American girl, Sriya Venkata, suffered second-degree scald burns when a cup of hot chocolate fell on to her during a Ryanair flight.
The young girl, American Sriya Venkata Neti was on a flight from Rome to Krakow on a Ryanair flight with her parents when the hot hot chocolate in her paper cup fell on top of her as she was trying to drink the beverage.
Taking the legal action through her father Srinivas Neti, Sriya Venkata Neti sued Ryanair in relation to the accident that occurred on June 25, 2016.
The court was told that Sriya was burned on her thighs and buttocks and has been left with scarring. Srinivas Neti, submitted an affidavit to the court, which said that the scarring has now substantially receded. In the affidavit he also said that his daughter has made an excellent recovery and the condition of her injuries has greatly improved.
During the personal injury compensation hearing Sriya’s Counsel Hugh Mohan SC told the High Court the little girl suffered serious burns.
An official medical report was provided to the court which stated that the hot liquid gathered on the girl’s chair leading to extreme burning pain and the child’s mother had to unfasten the child from the seat and her clothing had to be removed. Her mother told the court that her daughter’s skin disappeared from the area where the liquid landed and blisters were forming in other places.
When they arrived in Krakow the girl was quickly airlifted to hospital and was then taken to Toronto, Canada where she spent another eight days being medically treated as an outpatient. Once her treatment was completed she was returned home to California.
In the claim it was alleged the the cabin crew did not act lead to the burns suffered being worsened. In particular, it was claimed that there was no attempt to provide any or any sufficient means of cooling the burns worsened the injuries in a major way. Ryanair denied all the allegations.
In approving the settlement Mr Justice Kevin Cross told the Court that it
must have been very sore when Sriya was scalded and also remarked that the young girl has been left with scarring regardless of the fact that she has made a good recovery.
Posted: April 22nd, 2019
An agreement has been reached to to pay €3,500 in compensation to a man with a brain tumour who was asked to leave a licensed premises after he was mistaken for being intoxicated.
At the time the man was in the pub celebrating the end of rehabilitative treatment for his brain injury. He was also suffering from a bad limp due to his condition. However, staff of the premises mistook took this as a sign that he was drunk and asked him to leave, despite his best efforts at explaining the reasons for this.
The man, who was provided with legal representation by the Irish Human Rights and Equality Commission (IHREC), said that the incident had “caused him significant distress and embarrassment.” he made an application to the District Court for redress under the Intoxicating Liquor Act 2003.
Once an apology was issued, the matter was settled without court hearing after the licensed premises agreed to pay the man €3,500 compensation.
In addition to this, the management of the licensed premises have committed to attending an annual equality training course. There was no admission of liability required.
An IHREC spokesman said: “In addition, the licensed premises also agreed to provide a policy on treating all customers equally and making reasonable accommodation for customers with disabilities in line with obligations under the Equal Status Acts 2000-2018 and Intoxicating Liquor Act 2003,”
IHREC chief commissioner Emily Logan said: “As this case demonstrates, issues arising from brain injury should not mean you risk discrimination when out socialising. It is important that people providing services are trained and supported by employers in understanding the varied needs of their customers.”
She added that “the Intoxicating Liquor Act is acting as barrier for people in accessing justice when they face discrimination” because it says that they must take their case to the District Court, a course of action which necessitates legal representation. Ms Logan urged for these cases to be heard in the non-court setting of the Workplace Relations Commission in future.
Posted: February 24th, 2019
A four-year-old child has been awarded €45,000 compensation in relation to an accident she was involved in, in a Tesco store, when only at 20 weeks gestation in her mother’s womb.
The young girl, Siwan Stewart, was represented in the Circuit Civil Court court by barrister David K. McGrath who told Judge Eoin Garavan that the unborn baby girl, who is now just three months short of her fifth birthday, sustained injuries when her mother was struck by her shopping trolley which came to a sudden stop on a Tesco travelator.
Mr McGrath informed the Judge that Siwan’s mother, Elaine, crashed into her own shopping trolley when it halted unexpectedly on the travelator in Tesco’s at the Bloomfield Shopping Centre, Lower George’s Street, Dun Laoghaire, Co Dublin, in February 2013.
Presiding Judge Garavan said that this was the first time he had dealt with the injury of an unborn child and the sort of one which, to the best of his knowledge, had not come before the court before.
Mr McGrath told Judge Garavan that when Siwan was delivered in May 2013 it was noticed that she had haemolytic disease of the newborn, a sort of jaundice and had to be treated medically in a special unit for just under seven days. A consultant had linked Siwan’s condition to the travelator accident that involved her mother in Tesco’s.
Following her initial filing of the personal injury compensation action on her daughter’s behalf, Ms Elaine Stewart, of Claremont Road, Sandymount, Dublin was offered a travelator injury compensation settlement offer of €45,000.
The Circuit Civil Court was also told that Ms Stewart’s other daughter Adelaide, who was three at the time and had fallen and struck her head on the travelator in the same accident, has been offered a personal injury Tescos compensation settlement of €28,000. Mr McGrath was recommending that the Judge approve both offers.
Mrs Stewart made no claim herself in relation to her own involvement in the accident, she only claimed against Tescos on her own behalf but only on behalf of her children. Judge Garavan approved both settlements and referred to the two offers as ‘very good’.