Personal Injury Compensation

Archive for July, 2018

Birth Injury Case Against Health Service Executive Settled for €17.2m

July 7th, 2018. By Compensation News.

A four-year-old disabled boy who sued in relation to the events that took place during birth has settled his High Court action against the Health Service Executive with a final lump sum payment of €15.5m.

The total amount being paid to the young boy, Charlie Enright, who has cerebral palsy and is physically disabled, is now €17.2.

President of the High Court Mr Justice Peter Kelly, approved the total award on Friday. It is thought to be the highest ever for a catastrophically injured person who sued over care at birth.

Charlie’s parents Caitriona and Anthony Enright, from Limerick, released a statement saying that they could now get on with their lives.

It read: “What Charlie lost in August 2013 is priceless. No amount of money can replace it. We are happy with the settlement.”

Mr Justice Kelly, as he was approving the settlement, praised the Enrights and said Charlie’s treatment was a ’family affair’ and the whole extended family had got together to care for “a remarkable boy.”

In 2016 Charlie Enright’s case against the HSE – arising out of his birth at the Midwestern Regional Maternity Hospital, Limerick – was settled with a first interim payment of €1.75m to cover his needs for two years.

Liability was  admitted early in the case, the court heard.

Charlie’s mother told the Court that in the last two years they have started to build a house specially adapted for Charlie beside the family home. She added that her son’s  physical ability had got much better and the difficulty for Charlie  was he was “locked in and communication is a big problem.”

Mrs Enright, who has taken a career break to care for her son, told the High Court that Charlie is starting at the local school in September.

Mrs Enright had been admitted to the hospital  at 37 weeks in to her pregnancy with Charlie on August 19, 2013. Physician took the decision to induce labour after several tests were completed.

In the birth injury compensation action, it was alleged in the events that followed there was a breach of duty with a failure to provide an acceptable standard of care during the labour and up to the time of Charlie’s birth.


10-Year-Old Girl Awarded €37,500 Takeaway Injury Compensation

July 2nd, 2018. By Compensation News.

A 10-year-old Wexford girl has been awarded €37,500 in personal injury compensation after she was burned by hot chocolate in a New Ross-based takeaway in 2014.

The girl, Kaya Caulfield, taking the compensation action via her mother Leann Kelly, of 21 Ard Mhicil, New Ross, sued Cillgarman Ltd, trading as O’Brien’s Sandwich Bar, South Street, New Ross. The Court was advised by Counsel Grainne Fahy, instructed by solicitor Martin Lawlor, that Leann Kelly had purchased the beverage for her daughter Kaya at O’Brien’s Sandwich Bar. Kaya, who was just six years old at the time, suffered burns when the hot chocolate spilled as she sat in her mother’s car.  Her legal counsel claimed that the spillage happened as the lid was not appropriately tightened on the hot chocolate cup.

Following the spillage Kaya was brought to the Care Doc and then referred to to Waterford Regional Hospital in Ardkeen. Medics decided to transfer the child to Our Lady’s Children’s Hospital in Crumlin where it was found that she had experience 2% superficial scalding to the medial aspect of both thighs. Kaya’s wounds were treated and she was an in-patient at the hospital for two days.

The Court was advised that the wounds had now healed and are no longer visible which is not usually the case with burns injuries such as those experienced by Kaya.

Judge Alice Doyle, approved the €37,500 child injury compensation settlement offer with €900 special damages plus costs had been made by Cillgarman Ltd’s insurance company.

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