Archive for May, 2014

Girl´s Claim for a Head Injury in Tesco Resolved after Court Hearing

May 14th, 2014. By Compensation News.

A girl´s claim for a head injury in Tesco due to a slip and fall on a wet floor has been resolved after a hearing at the Circuit Civil Court.

Nine-year-old Angela Prendergast from Kilcoole in County Wicklow was shopping with her mother in the local branch of Tesco Express in September 2010, when she slipped on a wet floor and fell – banging her head against a metal freezer cabinet and sustaining a cut to her forehead.

Angela – who was only six years old at the time of the accident – received First Aid from a member of staff, before her mother – Ann Prendergast – took her to hospital where the wound was cleaned and stitched with glue. Despite the prompt attention to her head injury in Tesco, Angela still has a 2-centimetre scar on her forehead.

Through her mother, Angela made a compensation claim for a head injury in Tesco; and Tesco Ireland Ltd made an offer of €18,000 in settlement of the claim after admitting their liability for Angela´s accident. However, before the claim could be completely resolved, the settlement had to be approved in court as the claim had been made on behalf of a child.

Consequently, Mr Justice Matthew Deery at the Circuit Civil Court in Dublin heard the circumstances of Angela´s accident and the offer of compensation in settlement of Angela´s claim for a head injury in Tesco. After inspecting the scar on Angela´s forehead, Judge Deery approved the settlement.

Student to Receive €9 million Compensation for being Hit by a Bus

May 6th, 2014. By Compensation News.

A student from Spain is to receive €9 million compensation for being hit by a bus after an assessment of his settlement was approved in the High Court.

Carlos Tesch was just twelve years of age when, on 4th February 2009, he was walking along Herbert Road in Bray, County Wicklow, with some fellow Spanish students. A group of youths who had previously been verbally abusive approached the students, and Carlos ran across into the street in order to avoid them.

As he ran out from the pavement, Carlos was hit by a bus coming up the road from behind him, and he suffered serious head injuries including a fractured skull. Due to his catastrophic injuries, Carlos is now unable to speak and can only walk a few steps unaided.

Through his father – Hans Tesch – Carlos claimed compensation for being hit by a bus against Dublin Bus – – the operators of the Bray service. Dublin Bus denied their liability for the boy´s injury, arguing that the driver of the bus could not have foreseen the teenager running out from the pavement.

However, a High Court ruling last year found Dublin Bus 70% liable for Carlos´ injuries as the driver had been distracted by talking with a passenger shortly before the accident occurred. The High Court verdict was appealed to the Supreme Court; but judges upheld the original decision and the compensation claim for being hit by a bus was returned to the High Court for the assessment of damages.

At the High Court, Ms Justice Mary Irvine heard that a €9 million settlement of compensation for being hit by a bus had been agreed, and the case was before her for the approval of the settlement. The circumstances of Carlos´ accident were related to the judge, and she also heard how Hans Tesch had given up his full-time job to care for his son.

After hearing that Carlos´ father had twice taken him to China for stem cell treatment, and that Carlos was able to attend the Spanish Institute during school hours, Ms Justice Mary Irvine approved the settlement; stating that she was aware of the sacrifices made by parents when their children are catastrophically injured.

Judge Approves Compensation for Fall from Height at Work

May 6th, 2014. By Compensation News.

The High Court has approved a settlement of brain injury compensation after a fall from the roof of a house left a fifty-year-old man with permanent brain damage.

Paul O´Brien was working on the roof of a house in Bray on 18th July 2012 – his first paid employment since he lost his construction job in 2008 – when he went to descend from the roof as it started raining.

Paul attempted to exit the roof from a ladder which had been propped up against the side of the building; but, as he stepped onto it, the ladder slipped on the wooden decking it had been placed on, and Paul fell to the ground.

As a result of his accident, Paul suffered a significant head trauma and now has limited short-term memory. Through his wife – Sandra O´Brien of Glenealy in County Wicklow – Paul made a claim for brain injury compensation after a fall from a roof against his employer – Sean Lyons of Clondalkin, Dublin.

Paul claimed in his action that Lyons had failed to provide a safe environment in which to work and had been negligent by failing to provide suitable scaffolding or fall protection to enable him to work safely.

It was also claimed that the ladder provided was unfit for the purpose of descending from the roof safely, that it had not been fastened to the building, and that the combination of an unsuitable, unfastened ladder and the wet wooden decking on which it had been placed resulted in a dangerous hazard.

An out-of-court settlement of brain injury compensation after a fall from a roof was negotiated by Sandra and Paul´s legal representatives; but, because of the nature of Paul´s injury, it had to be first approved by a judge.

Consequently, the details of the accident were related to Ms Justice Mary Irvine at the High Court, who also heard that Sandra had taken a two-year sabbatical from her job to care for her husband.

The judge was told that the €1.5 million settlement of brain injury compensation after a fall from the roof of roofer´s fall from height injury compensation had been agreed out-of-court and that the family were willing to accept it.

Judge Irvine approved Paul´s settlement – commenting that had the case gone to court, Paul´s contributory negligence may have been a factor in the amount of the settlement. The judge then closed the hearing, saying that she sympathised with the O’Brien family.

Settlement of Compensation for Misdiagnosis of Fractured Knee Approved at the High Court

May 2nd, 2014. By Compensation News.

A young athlete, who was unable to attend the Athens 2011 Special Olympics World Games due to a medical error, is to receive €142,000 compensation for the misdiagnosis of a fractured knee after a hearing at the High Court.

The Special Olympics World Games is a bi-annual sporting event for children and adults with intellectual disabilities and, in May 2009, Amy Rose McGowan (31) from Trim in County Meath was participating in a training race when she fell and injured her knee.

Amy Rose was taken to Our Lady´s Hospital in Navan, County Meath, where she was given an x-ray and diagnosed with a soft tissue injury. The knee was strapped to give it some support and Amy Rose was discharged.

Within a few months, Amy Rose attended her GP complaining of knee pain. Her doctor re-examined the x-rays taken at Our Lady´s Hospital and found that doctors in the Emergency Room had overlooked a depressed fracture.

Unfortunately for Amy Rose, the discovery of her fractured knee came too late for corrective surgery; and she was unable to continue training for the Special Olympics, while her doctor believes she may now also have to undergo knee replacement surgery.

Through her mother – Charlotte McGowan – Amy Rose claimed compensation for the misdiagnosis of a fractured knee against the Health Service Executive (HSE), alleging that the care, diagnosis and treatment she had received in the Emergency Room of Our Lady’s Hospital had been negligent.

The HSE confirmed that Amy Rose´s depressed knee fracture had been overlooked and admitted liability was admitted for her injury. A settlement of compensation for the misdiagnosis of a fractured knee amounting to €142,000 was agreed; but, as Amy Rose suffers from an intellectual disability, the settlement had to go to the High Court to get approval from a judge.

At the High Court, Mr Justice Michael Peart heard how Amy Rose had been a successful swimmer and runner before her accident, and the judge invited Amy Rose to show the court some of the medals and trophies she had won. Approving the settlement, Mr Justice Michael Peart said he was “very impressed and full of admiration” for Amy Rose, and he wished her a happy life with her family.