Archive for October, 2011

Birth Brain Damage Compensation Settlement Approved

October 23rd, 2011. By Compensation News.

An eleven year old girl, who was starved of oxygen during her birth and is now permanently brain damaged, has had a birth brain damage compensation settlement of 1.75 million pounds approved at the High Court.

The anonymous girl was born at West Sussex Hospital in 2000 but, during her delivery, obstetric staff failed to notice signs of foetal distress. The girl is not able to walk or talk, and uses an electric scooter for mobility and a computer to communicate.

“I am constantly amazed by the triumph of hope over adversity” ssaid Mr Justice Butterfield, as he approved the birth brain damage compensation settlement against the West Sussex NHS Trust which includes an immediate lump sum payment of 1.75 million pounds and annual payments to fund a lifetime of care.

Mr Justice Butterfield also had words for the girl´s parents, stating that “The devotion and care of her parents is undoubted and we very much hope that this sum of money will provide her with the very best possible future.”

Settlement for Cerebral Palsy at Birth of 1.4 Million Euros Approved in Court

October 16th, 2011. By Compensation News.

A young woman, who was found to have cerebral palsy shortly after her birth, has had a settlement for cerebral palsy of 1.4 million Euros approved in the High Court.

Deborah French, aged 24, of Ballymitty, County Wexford, was diagnosed with cerebral palsy shortly after her birth in August 1987 at Wexford General Hospital. Her parents brought a claim for birth injury compensation against consultant obstetrician Harry Murphy and the South Eastern Health Board, claiming that Dr Murphy had been negligent in the hours leading up to and during Deborah´s birth.

The case was settled without an admission of liability by the defendants, 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 should be released to Deborah´s parents – Ann and John French – in annual increments of 100,000 Euros.

Toe Work Injury Postal Worker Awarded 16,000

October 13th, 2011. By Compensation News.

A postal worker, who damaged the big toe on his right foot when a package of floorboards fell onto it, has won his claim for toe work injury at the Circuit Court in Dublin.

Edward Pyne (61) of Balbriggan, County Dublin, brought his claim against An Post after the accident in November 2006 left him needing many operations for an ingrown toenail which had resulted from the injury. He also claimed that he had suffered from several infections which had developed in the damaged toe.

Circuit Court president, Mr Justice Matthew Deery heard how An Post should have supplied steel toe-capped boots as part of a postal worker´s uniform, but Edward had long worn out the pair that had been most recently given to him three years beforehand. Consequently the shoes he was wearing on the day of the accident offered insufficient protection against such an accident occurring.

An Post denied liability for Edward´s claim, but Mr Matthew Deery heard evidence that many of Edward´s colleagues at the Balbriggan Post Office also neglected to wear the obligatory steel toe-capped footwear, and had An Post provided better supervision of their staff, the accident could have been avoided.

Upholding Edward´s claim for toe work injury, Mr Justice Matthew Deery stated that he was satisfied that An Post had failed to provide adequate protective footwear for their staff, and awarded Edward 16,000 Euros in personal injury compensation.

Shop Car Park Injury Schoolboy Awarded 36,800

October 1st, 2011. By Compensation News.

A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a shop car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident happened in 2006 as he was 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 severe 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 permanent reminder of his injury.

Liability for the shop 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 shop car park injury settlement offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.