Personal Injury Compensation

Archive for December, 2013

Claim for Acupuncture Injury Settled in Court

December 10th, 2013. By Compensation News.

A claim for an acupuncture injury, made by a student at University College Dublin who had volunteered to assist in a Chinese medicine training course, has been settled after a hearing at the Circuit Civil Court.

In April 2010, forty-five year old Bernadette Poleon from Dunboyne, County Meath, volunteered to assist in a clinical acupuncture training course that was being run by the Irish Institute of Traditional Chinese Medicine in Dublin.

During a training exercise, one of the students inserted needles below both of Bernadette´s eyes – the one below her right eye later being repositioned by an Institute supervisor – but later that day, Bernadette´s left eye became tender and puffy, and within two days significant bruising developed around the eye.

Although the tenderness and puffiness diminished after a couple of days, the bruising remained for seven weeks – resulting in Bernadette suffering from severe embarrassment whenever she tried to explain to colleagues how the black eye injury had occurred.

Having sought legal advice, Bernadette – who is a psychology student at UCD -made a compensation claim for an acupuncture injury against Bellfield Consultants Ltd – the owners of the Irish Institute of Traditional Chinese Medicine.

Bellfield Consultants denied their responsibility for Bernadette´s eye injury and, when court proceedings were issued, delivered a full defence against the claim for an acupuncture injury. However, before the claim was to be heard at the Circuit Civil Court, Judge Jacqueline Linnane was told that – by consent – the case was before her for the assessment of acupuncture injury compensation only.

After hearing how Bernadette´s injury occurred and the embarrassment she had felt while the black eye was still visible, the judge awarded Bernadette €6,000 in settlement of her claim for an acupuncture injury and allowed costs at District Court level.

Man Resolves Injury Claim for Accident in Dublin Airport after Hearing

December 6th, 2013. By Compensation News.

A man, who suffered a broken nose and two black eyes when an electric door closed on him, has resolved his injury claim for an accident in Dublin Airport after a hearing at the Circuit Civil Court.

Sixty-three year old Thomas Smyth and his wife, Evelyn, were at Dublin Airport in January 2011 to catch a flight for a vacation in Tenerife, and were walking through the gate to board their plane, when an automatically-timed door shut suddenly on Thomas´ face.

Thomas, from County Cavan, was taken to Beaumont Hospital in Dublin, where he was diagnosed with a broken nose and received treatment for other facial injuries. Having missed their flight, the couple returned home to re-schedule their holiday for a few days later.

However, because of the injuries Thomas had sustained, the holiday was ruined; and, when the couple returned to Ireland, they sought legal advice and made an injury claim for an accident in Dublin Airport against Aer Lingus – the company they had flown with – and the Dublin Airport Authority.

Both defendants agreed that Thomas had sustained injuries due to negligence, but neither party was willing to admit liability. Damages were assessed for €19,000, but the case was heard by Judge Jacqueline Linnane to establish which of the two defendants – if not both – were liable for Thomas´ injuries.

Judge Linnane found that Aer Lingus had been negligent on the grounds that the door which had automatically closed on Thomas was working properly, but it had been timed to close 30 minutes after it had been opened by an Aer Lingus flight attendant.

The judge said that if Aer Lingus needed longer than 30 minutes to get their passengers boarded, they should have requested a time extension from Dublin Airport Authority. She ordered that Aer Lingus pay the €19,000 compensation in settlement of Thomas´ injury claim for an accident in Dublin Airport.


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