Personal Injury Compensation

Archive for July, 2011

Dublin Van Accident Compensation Award of 177,575 Euros Paid

July 26th, 2011. By Compensation News.

A woman who was hit by a van while crossing a busy Dublin street has been awarded almost 178,000 Euros in a Dublin van accident compensation award in the High Court.

Amy McKernan, aged 36, from North Ewington, Oxfordshire, was crossing the road at the junction of Wicklow Street and Clarendon Street on May 7th 2002, when she was struck by a van driven by Yuk Fong from Dublin. The collision knocked her onto the bonnet of the vehicle, before she landed on the road surface – sustaining facial and back injuries.

In her claim against Mr Fong and the owner of the van – Mr Yau Tsali Li – Amy alleged that the van was driven at excessive speed, as she had seen the van pulling away from the Chinese restaurant outside which it had been parked and felt she still had plenty of time to cross the road.

Yuk Fong and Yau Tsali Li denied the compensation claims, and counter-claimed that Amy had contributed to her own injuries by failing to keep a sufficient lookout. However, as Amy was about to step onto the pavement when the van accident occurred, Mr. Justice John Quirke at the High Court determined that Amy had established negligence in the driving of the van, whereas the defendants had failed to show that Amy had in any way been responsible for the accident and her injuries.

Birth Cerebral Palsy Girl Awarded Compensation

July 25th, 2011. By Compensation News.

A twelve-year-old girl, who sustained brain damage due to errors made during her delivery, has been awarded 5 million pounds in a birth cerebral palsy compensation settlement.

Sophie Clarke (12) from Pontyclun, Rhondda Cynon Taf, was born in 1998 at the Princess of Wales Hospital, Bridgend. However, a gross abnormality of Sophie´s heart rate was not recognised, despite it being picked up on monitoring equipment.

Had staff at the Princess of Wales Hospital recognised Sophie´s condition, they would have intervened and delivery her by Caesarean Section. However, they allowed the birth to continue naturally, causing Sophie to suffer from a lack of oxygen in the womb.

Sophie suffers from severe cerebral palsy as a result of the mistakes made and now needs twenty-four hour care, is fed via a tube and is confined to a wheelchair.

Solicitors acting on behalf of the family sued the Abertawe Bro Morgannwg University Health Board for birth cerebral palsy negligence, and in a hearing at Cardiff Crown Court the negotiated settlement of 5 million pounds was approved.

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