Personal Injury Compensation

Archive for October, 2012

Brain Tumour Delayed Diagnosis Claim Heard in Court

October 30th, 2012. By Compensation News.

A former student, who suffers severe spasticity of the limbs and has eye movement problems allegedly due to the negligence of a Galway hospital, has had his brain tumour delayed diagnosis claim heard in court.

Seamus Walshe Jnr (27) of Taylor´s Hill, Galway, was a 21-year-old student studying construction studies when he first began suffering problems with his eyes in 2006 whenever he looked upwards. His symptoms worsened to the point where upward eye movement left him feeling nauseous and he would start to vomit.

Seamus went to Galway University Hospital with his problems, but was told after a neurological examination that there was nothing seriously wrong with him and he should get used to having problems with his eyes.

Seamus went back to Galway University Hospital later in the year when he started to develop pains in his head and underwent a scan which revealed a brain tumour. He was sent to Dublin´s Beaumont Hospital where he underwent surgery to remove the tumour in May 2007.

However, complication during the brain tumour procedure resulted in severe haemorrhaging around the brain and Seamus was kept in intensive care for nine weeks following surgery. When he began to recover, he was transferred back to Galway University Hospital in November 2007.

Ms Justice Mary Irvine at the High Court was told that in September 2008 Seamus was sent to the National Rehabilitation Centre in Dún Laoghaire but, because of the alleged negligent treatment he had received, was confined to a wheelchair with spasticity of the limbs and had problems moving his eyes.

Seamus filed a compensation claim for the delayed diagnosis of his brain tumour through his father, Seamus Snr, claiming that had he had a scan when he first attended the Galway University Hospital, the tumour would have been diagnosed earlier and he would have been referred to the Beaumont Hospital sooner.

A second claim was filed against the Beaumont Hospital for choosing to perform brain surgery when treatment with chemotherapy and radiotherapy had resulted in long term survival rates of up to 90 percent.

Both the Health Service Executive – on behalf of Galway University Hospital – and the Beaumont Hospital did not accept their liability for Seamus´ injury, but Ms Justice Mary Irvine was told that a negotiated settlement of 2.5 million Euros in compensation for the delayed diagnosis of a brain tumour had been agreed without admission of liability.

The settlement of compensation is hoped to provide Seamus with the care he needs for the next three years, after which time a structured periodic payment system would provide for his future care if legislation was passed by the Government in time to allow such a payment procedure.

Newsagents Accident Compensation Claim Settled in Court

October 29th, 2012. By Compensation News.

A woman, who sustained facial injuries when she walked into a shop shutter, has had her compensation claim for an accident in a newsagents settled at the Circuit Civil Court in Dublin.

Yvonne McEvoy (42) from Clondalkin, Dublin, had been at Tuthill´s Newsagents in the Liffey Valley Shopping Centre when, in October 2010, she was distracted by a Halloween display as she was leaving the shop and walked into a partly closed shutter.

The shutter, Judge Jacqueline Linnane at the Circuit Civil Court was told, was often partially closed as the shop was about to shut to dissuade new customers from entering, but Yvonne failed to hear the warning shouted to her by a shop assistant and walked straight into it – sustaining an injury to the left side of her face.

Judge Jacqueline Linnane heard from forensic engineer Alan Conlon that CCTV video of the incident showed a previous customer ducking underneath the shutter as he exited the shop, but that Yvonne was looking to her right as she walked towards the exit. The judge was also told that Yvonne had fallen pregnant in 2011 and was unable to take painkillers to ease the pain.

Finding Tuthill’s Newsagents negligent by lowering the shutter while there were still customers inside the shop, Judge Jacqueline Linnane found in favour of Yvonne and awarded her 17,500 Euros in settlement of her compensation claim for an accident in a newsagents.

Hotel Worker Back Injury Claim Heard in High Court

October 26th, 2012. By Compensation News.

A former waiter at the Slieve Russell Hotel has been giving testimony at the High Court in support of his hotel staff injury claim for compensation.

Robert Miloch, from Ballyconnell, County Cavan, filed his claim for hotel staff injury compensation against the Slieve Russell Hotel and its parent company – Quinn Hotels Limited – due to suffering a back injury while loading trays onto a trolley in April 2010.

The High Court was told that while he was squatting down to replace breakfast trays on a trolley, Mr Miloch heard a crack in his back and suffered a pain from his back going down to his leg. The pain stopped him from walking and he was told by the hotel to go home and see his doctor.

In support of his hotel worker back injury claim, Mr Miloch showed the court an MRI scan from the time of the accident, revealing that two discs in his back had crushed a nerve. His injury, he alleged, had resulted in his doctor advising him not to return to work and despite extensive physiotherapy had not improved.

Mr Justice Sean Ryan was advised that both the defendants denied their liability for Mr Miloch´s injury and claimed not only that a car accident in which Mr Miloch was involved in later that year could have been responsible for his back injury, but that the injury had been described as “paradoxical” by Mr Miloch´s doctor as his patient could move in one direction but not another.

The case will go on at the High Court.

Medical Misadventure Compensation Awarded

October 18th, 2012. By Compensation News.

The family of a woman who passed away giving birth to her second child has been awarded 850,000 Euros in compensation for medical misadventure following a High Court hearing.

Evelyn Flanagan (38) from Castlebar in County Mayo passed away at Mayo General Hospital on October 19, 2007, following the birth of her daughter Niamh as a result of serious complications. An initial post-mortem suggested that Evelyn´s death was attributable to an amniotic fluid embolism; however Evelyn´s family contested the findings – alleging that the deterioration in her condition was due to a postpartum haemorrhage which could have been prevented with greater care.

Inquest proceedings in 2008 and 2009 lead to a verdict of death by medical adventure, following which Evelyn´s husband – Padraic Flanagan – filed a claim for medical misadventure compensation against the Health Service Executive and consultant obstetrician, Dr Murtada Mohamed. It was  claimed in the action that Evelyn suffered a postpartum haemorrhage as a result of a rupture of her uterus which was not detected or adequately dealt with.

Mayo General Hospital at first denied that negligence had occurred but, as Mr Justice Michael Peart heard at the High Court, an acknowledgement of liability had been made during mediation prior to court proceedings. The judge awarded the family 850,000 Euros in compensation for medical misadventure to include the highest amount allowable 25,395 Euros for mental distress and payments for each of Evelyn´s two children as they grow older.

Compensation Claims against the State Forecast Expected to Rise

October 15th, 2012. By Compensation News.

The State Claims Agency has predicted that compensation claims against the State for hospital negligence could increase by more than a quarter in 2012.

Commenting in the Clinical Indemnity Scheme newsletter, Ciaran Breen – Director of the State Claims Agency – said that “It appears that people, injured as a result of a medical negligence event, are more likely to sue doctors, dentists and hospitals in these more difficult economic times” after attributing the increase on the economic downturn.

Mr Breen´s remarks were in complete contrast to those made by Patricia Byron – Chief Executive of injuriesboard.ie -after the Injuries Board Interim Report was released last month, which saw only a 4.1 percent increase in claims over the first six months and not the “recessionary spike” that had been predicted. However, both public officials referred to the fact that there had been a significant increase in claims related to the DePuy hip replacement recall.

As 345 compensation claims were filed against the State in the first six months of 2012 (as opposed to 542 in the whole of 2011), and the Statute of Limitations expired in August 2012 for many victims of the DePuy hip replacement recall, Mr Breen´s outlook may appear unjustifiably depressing. However, some compensation claims filed against the State are finding their way to court long after they might previously have been time-barred.

In July this year, the Supreme Court upheld a High Court judgement in favour of Olivia Kearney who, forty-three years beforehand, had went throufh a symphysiotomy procedure which the High Court determined was “entirely unjustified and unwarranted”. Should the remaining two hundred survivors of the symphysiotomy procedure be permitted to make compensation claims against the State, Mr Breen´s forecast could be very conservative indeed.

Compensation claims against the State for hospital negligence account for a small number of claims managed by the State Claims Agency – the majority are for public liability and employer liability – but account for almost 90 percent of the value of claims each year. In 2011, the value of the 542 compensation claims against the State for medical negligence amounted to 860 million Euros.

Football Injury Compensation Approved in High Court

October 10th, 2012. By Compensation News.

A young girl, who sustained a serious neck injury after the crossbar of a goal fell on her head, has had her settlement of compensation for a football injury approved in the High Court.

Jessica Fidgeon Cush (17) from Lusk, County Dublin, was just eleven years old when her accident happened in October 2006. While playing as goalkeeper for Round Towers Lusk GAA in a Gaelic football game at the at the Starlights GAA Club in Collinstown, North Dublin, the crossbar fell from the goalposts and hit Jessica on head.

X-rays taken on her arrival at hospital showed that Jessica had a lucky escape. Her sixth vertebrae was broken but, had the crossbar had hit her once inch either side of her injury, she could have been killed or paralysed. Jessica has to wear a neck brace while her injury healed, but also suffered from headaches, nightmares and flashbacks, and was diagnosed with Post Traumatic Stress Disorder after developing a fear of dying.

Through her father – Philip – Jessica filed a claim for compensation for a football injury against the Gaelic Athletic Association, as the GAA are responsible for the organisation, control and supervision of Gaelic games in the State. In the action it was alleged that the goalposts had been allowed to remain in an unsafe condition, that no inspection of the goalposts had been undertaken and that there was a failure to ensure that the crossbar was adequately secured to the goalposts.

At the High Court in Dublin, Mr Justice Nicholas Kearns was informed that the case before him was only for the approval of damages, as a compensation settlement of 50,000 Euros had been agreed between the two parties. After being told all the details of the case, Mr Justice Kearns approved the settlement of compensation for a football injury which will be paid into court for one year until Jessica reaches the age of eighteen.

Compensation Claim Against Ryanair Settled Before Hearing

October 6th, 2012. By Compensation News.

A female, who suffered cuts and bruises after falling down the steps of a Ryanair airplane, has settled her Ryanair injury compensation claim shortly before a hearing into her case was about to commence.

Malgorzata Jeneralczyk (57), from Poznan, Poland, fell on the mobile steps due to wet weather as she was disembarking from her flight at Dublin airport and fell to the tarmac below.

She was treated by an airport paramedic who recorded her injuries as a laceration to her left eyebrow and bruising to her left shoulder and ribs and her right hand and fingers.

After seeking legal counsel, Malgorzata made a claim for injury compensation against Ryanair – alleging that the company had failed in its duty of care to provide passengers with safe transit. Ryanair argued her claim for 38,000 Euros and were prepared to defend the company´s position in a court hearing.

However, just before the hearing was scheduled to begin, the Circuit Civil Court in Dublin heard that Malgorzata had settled her Ryanair injury compensation claim for an undisclosed amount and that costs were to be charged to Ryanair.


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