Personal Injury Compensation

Child Accident Compensation

If your child sustains an injury in an accident for which they were not wholly to blame, you could be entitled to claim child accident compensation on their behalf. Claims for child accident compensation are not always as straightforward as those for adults – especially when a parent was not present at the time – and in order to be successful, child accident compensation claims have to demonstrate that your child suffered an preventable injury due to the negligence of somebody who owed them a duty of care. All settlements of child accident compensation claims have to be approved by a court before a claim can be resolved and – as you will need a solicitor to conclude a claim for child accident compensation – it is in your best interests to discuss the circumstances of your child´s accident with an experienced solicitor on our freephone Legal Advice Centre.

€1.2m Swine Fly Vaccine Compensation Settlement for Boy Suffering with Sleep Disorder

October 27th, 2021. By Compensation News.

A swine flu Vaccine High Court action has been settled for €1.2m in favour of a now 16-year-old boy who alleged that having the vaccine administered resulted in him developing a rare sleep disorder.

Just four years old when he received the Pandemrix vaccine in November 2009, the teenager, who cannot be named by order of the court,

developed narcolepsy along with cataplexy which involves loss of muscle control and he will require medication for the rest of his life according to his legal counsel, Jonathan Kilfeather SC.

Mr Kilfeather informed the court that his client experiences extreme fatigue and anxiety at heightened levels. He added that there is little prospect for the young boy to ever hope to obtain a full-time job in future.

This most recent swine flu vaccine compensation settlement came after the ground-breaking settlement for a 16-year-old boy in November 2020 – a compensation settlement that cleared the way for the resolution of 80 cases related to the Pandemrix vaccine.

The boy had, via his mother, taken legal action against the Minister for Health, the HSE, and Glaxosmithkline Biologicals SA (GSK) — the manufacturer of Pandemrix. However, The State has already allowed GSK an indemnity by the State in relation to any ill effects caused by the swine flu vaccine.

In court the Judge was informed that the boy’s parents are content with the settlement. It was added that the boy’s father believed that narcolepsy is a misunderstood condition and that leading a typical life is very challenging for those suffering with it.

Mr Kilfeather informed the High Court the €1.2 million settlement represented 50% of the full value of the case. This is because it was agreed, under the terms of that settlement, that 50% of the settlement figure would be paid out.

Included in the settlement are educational supports, accommodation expenses for potential third-level education education, a “gold” level medical card and an allowance for the cost of childcare.

As he was giving his approval for the vaccine injury compensation settlement, Justice Paul Coffey remarked that it was at the higher end of the scale for a legal action such as this one.

Playschool Compensation of €20,000 for Girl who Allegedly Injured Finger in Fire Door

October 13th, 2020. By Compensation News.

A young girl who is alleged to have gotten her finger trapped in a fire door at her playschool has been awarded a High Court compensation settlement of €20,000.

10-year-old Brooke Weldon was aged three at the time she sustained a crush injury to her right ring finger tip.

Via her mother Nikita Weldon Brooke Weldon, Seagrave Court, Finglas, had sued Poppintree Early Education Centre Ltd, Poppintree Community Centre, Ballymun, Dublin due to the injuries she sustained in the accident on the playschool premises on January 13, 2014.

The legal action claimed there was an alleged failure to properly supervise the toddler at all times and an alleged failure to see to it that the door which led to the toilets did not shut on the child’s fingers, causing an injury. Additionally there was a claim that an alleged failure to ensure the fire door would not close on the young girl’s finger tip.

The claims were denied by the defendant.

Presiding Judge Justice Garrett Simons was informed that playschool was refuting claims. In court CCTV footage was presented which seemed to support the playschool’s claims that the child emerged from a bathroom with the injured finger.

Legal representatives for the plaintiff informed the High Court heard tthat brought attended the Children’s Hospital Temple Street to have her injuries tended to. Here it was recorded that she had suffered crush injury to her right fingertip. Due to this she underwent a surgical procedure to repair the tip. Over the next month she had further appointments for additional required dressings.

As a result of the accident Brooke now uses her left hand to write and do things on a daily basis. She sustained some scarring on the fingertip, the court heard. However, she has no memory of the incident.

In approving the settlement Mr Justice Garret Simons commented that there were significant issues on liability in this legal action. He said that, typically, the full value of such a case would be €40,000. However, due to the the fact that the child has no memory of the accident, along with the dispute events and CCTV footage, had lead to a 50% discount. This brought the overall playschool injury compensation settlement to €20,000. In addition to this Justice Simons awarded the pay-out of €250 so that Brooke can celebrate the end of the case.

He said that he was of the belief that this represents a good, sensible settlement.

Compensation Claims Likely for Scouting Ireland Fear Child Abuse Incidents

June 7th, 2020. By Compensation News.

Recent reports have indicated that Scouting Ireland was aware, as far back as 2018, that it could face financial ruin due to compensation claims linked to the sexual abuses cases that were detailed in the publication of a report last month.

Aisling Kelly, who was chair of Scouting Ireland board on December 10 2018 informed a room of senior volunteers that there was a chance that legal actions submitted against the organisation linked to “extensive, prolonged, and at times organised child sexual abuse”. In addition to this she said that such legal actions could “sink the organisation” if large numbers of abuse victims sought compensation from Scouting Ireland.

She based this claims on the likelihood of huge compensation settlements in other countries that were linked to child abuse in scouting organisations.

It has recently been revealed that Scouting Ireland has set aside a fund of €2.5 million to cover the costs of legal claims and cases from abuse survivors. This comes in the aftermath of a report being published in which child protection expert Ian Elliott revealed the outcomes and recommendations following the review he was commissioned to complete by Scouting Ireland. It brought to public attention the extent of the historic abuse at the scouting groups and described how the act to protect the interests of the young members.

In addition to the publication of the report, Scouting Ireland released a public apology to the victims. Scouting Ireland ChairAdrian Tennant claimed that since learning of the abuse scandal Scouting Ireland had attempted to “own” responsibility for facing up to the past failings.

The report made reference to the culture of the scouting groups in Ireland showed widespread “cronyism” and a lack of appropriate governance. This, it claimed, resulted in instances of child abuse not being reported to the proper bodies. Scouting Ireland was labelled a “seriously dysfunctional organisation”, with “sex offenders dominating the leadership for decades”. The report said that there was a “systematic failure” of the organisations to maintain appropriate records of reports of alleged child abuse allegations.

There are also reports that the Government is now reviewing the situation to see if a statutory inquiry into the past abuse is required.

Boy (2) Wins €22,000 Personal Injury Compensation after Pharmacy Accident

November 29th, 2019. By Compensation News.

Following an accident at a Dublin pharmacy, when he cut his eye off a shelf, a two year old boy has been awarded €22,000 personal injury compensation.

Ross Pickering of Merrion Park, South Hill Avenue, Blackrock, Co Dublin, had been at Bradley’s Chemist with his mother on 14th July, 2014, when the unfortunate accident took place, Judge John O’ Connor was informed.

Representing the young boy who sued through his mother Marie-Claire Greenan, Barrister Samantha Cruess- Callaghan informed the judge that Ross had been taken to the Emergency Department of Crumlin Hospital for medical attention following the accident.

Ms Cruess- Callaghan informed the Judge that medical team treating Ross for a laceration to his right upper eyelid, measuring approximately three centimetres. It had been cleaned by applying antiseptic and was found to be found to be only superficial. Two weeks later the child was checked once more to have his steri-strips removed, there was no bleeding or signs of infection to Ross’s injury at the time and the wound had rehabilitated well. She informed the court that the child’s mother was that if there had been any concerns nine months after the accident occurred, then Ross could seek advice from a specialist plastic surgeon.

During Ross’ one year-check a plastic and reconstructive surgeon noted that Ross had a scar measuring 1cm by 3mm above his right eye, slightly red in colour and visible from a close distance away. His opinion had been that the scar had was still immature and would go on healing in the next 18 months when it would turn white in colour.

The boy’s family was taking the action against Siofra Limited and L’oreal (Uk) Limited trading as La Roche Posay due to the injuries he sustained during the accident.

When the accident occurred at the pharmacy the child had bent down to pick something up from the floor . However, when he had stood up he caught the bottom of his right eye on a sharp item located on a La Roche Posay display shelf.

Ms Cruess- Callaghan told the court that she recommended the proposed child injury compensation settlement €22,000, saying that it was her belief that this figure represents the value of Ross’s legal action.

Judge O’ Connor said that he gave his approval for the compensation settlement offer from Siofra Limited and L’oreal (UK) Limited trading as La Roche Posay (third party).

Compensation for Creche Mistreatment following RTE Hyde & Seek Expose

July 25th, 2019. By Compensation News.

An RTÉ Investigates’ expose has revealed a number of significant shortcomings in the management and supervision of crèches are still prevalent despite a previous investigation highlighting creché mismanagement two years ago.

‘RTÉ Investigates’ sent in two undercover childcare workers to crèches managed by the Hyde and Seek chain and showed serious violations breaches of good practice and safety procedures. Despite 11 inspections being conducted by Tusla since September 2017, children in various facilities in Dublin belonging to the company were being ill-treated and left at serious risk in the event of fire.

Footage in the documentary showed babies being left in high chairs for lengthy periods of time, causing them to become highly traumatised and being left alone in a room with the door closed for misbehaving. There were also some concerns raised in relation to food quality, and staff to child ratios.

Some of the other serious issues encountered by the undercover reporters included:

  • Workers not being Garda vetted prior to taking up employment.
  • Babies being left to sleep on bouncers, despite Tusla warning against this practice in previous reviews.
  • Insufficient space being allowed between cots to allow staff to check sleeping babies

Child protection agency Tusla has committed to completing an investigation and taking the necessary action, up to and including criminal prosecutions and removing Hyde & Seek creches from the register so they can no longer do business. A statement released by the agency said: “We recognise and share the serious concerns the programme raises about the quality of care within these crèches, but more importantly the impact of concerning adult behaviours on children.”

A representative for the Hyde & Seek group said: “We know we need to work to rebuild, retain and enhance the trust our parents have in us. We have spoken to many of them in recent days and would urge others with concerns to contact us. We are available to talk to and meet parents at any time. We note that while the programme made criticisms of aspects of our service, it praised our childcare staff whose dedication, professionalism and kindness are central to the care we provide.”

The statement said that the RTE investigation that highlighted “some real issues for us and we will deal with them quickly” but that it “does not reflect who we are”. It committed to the group reviewing the matter and addressing all issues quickly.

This controversy comes less than three years following a tightening of the laws governing 4,500 childcare facilities following a previous RTÉ expose on the management of crechés called ‘A Breach of Trust’. The economically successful Hyde and Seek chain of crechés is family-run and consists of four crèches in the Dublin area.

Katherine Zappone, Minister for Children and Youth Affairs released a statement to say how saddened she was at the treatment of the children in the creches featured while Alan Farrell , Fine Gael TD and chair of the Oireachtas Committee on Children said: “I am absolutely appalled by the mistreatment of children and clear lack of standards revealed on Primetime’s investigation last night.”

He went on to say: “The disregard of fire safety, the prioritisation of staffing needs over children and the wanton disregard for child:adult ratios have deeply shocked the nation. The documentary revealed a complete failure to adhere to Tusla guidelines and instructions, poor management and unbelievable mishandling of children.”

It is likely that the Hyde and Seek group will now be facing a number of personal injury compensation actions from parents of the unfortunate children.

Gully Accident Compensation Damages Award to Five-year-old Boy

March 16th, 2019. By Compensation News.

A personal injury compensation award of €20,000 has been granted to a 5-year-old boy after he tripped and fell in a gully near his home in Dungloe, Co Donegal.

The young boy hit the ground and broke his arm in two places. He was only five-years old at the time that the incident took place. The accident took place near his home in Dungloe, Co Donegal on July 3rd, 2015.

The boy, taking the legal action through his mother and father, sued Donegal County Council at Letterkenny Circuit Civil Court for accident in a public place compensation.

Presiding Judge James O’Donoghue expressed the view that Irish Water should actually be body that holds the responsibility of maintain the integrity of the water service.

He commented: “I thought Irish water took over all that?”

However, Barrister Patricia McCallum, under the instructions of solicitor Cormac Hartnett, told the court that the safety of these gullies are still governed by Donegal County Council.

In the hearing at Letterkenny Circuit Civil Court, the boy’s mother and fathers were in attendance and told the Judge that their son, who is now 9-years-old, had made a perfect recovery from accident. Judge O’Donoghue gave his approval for the €20,000 gully accident compensation offer. He also awarded the expenses to the young boy’s legal representatives.

Pre-Birth Accident Injury Compensation of €45,000 Awarded to Child (4) for Shopping Trolley Collision

February 23rd, 2019. By Compensation News.

€45,000 compensation for personal injury resulting from an accident in a Tesco store when only at 20 weeks gestation in her mother’s womb as been awarded to a four-year-old child.

Legal Counsel for Siwan Stewart, barrister David K. McGrath told Judge Eoin Garavan in the Circuit Civil Court that the unborn baby girl, who is now just three months short of her fifth birthday, suffered injuries when her mother collided with her shopping trolley that came to a halt suddenly on a Tesco travelator.

Mr McGrath told the court that Siwan’s mother, Elaine Stewart, hit off her own shopping trolley when it stopped with no warning on the travelator in Tesco’s at the Bloomfield Shopping Centre, Lower George’s Street, Dun Laoghaire, Co Dublin, in February 2013.

Presiding Judge Garavan referred to the injury of an unborn child in a shopping accident as a unique case and one which he had not been aware of having previously come before the court.

Mr McGrath informed the judge  that when Siwan was born in May 2013 it was discovered that she was suffering from haemolytic disease of the newborn, a type of jaundice and had to be treated in a special unit for just under a week. A medical expert had linked Siwan’s condition to the travelator accident in Tesco’s.

After Ms Elaine Stewart, of Claremont Road, Sandymount, Dublin submitted the personal injury compensation action on her daughter’s behalf, the Tesco store made a settlement offer of €45,000 to Siwan.

In addition to this, the court was informed, Ms Stewart’s daughter Adelaide, who was three at the time and had fallen and injured her head on the travelator in the same incident, had been offered a settlement by Tescos of €28,000. Mr McGrath was recommending acceptance of both offers to the court. The girls’ mother had not made any claim against Tescos on her own behalf but only on behalf of her children.  Judge Garavan said the offers in both cases were very good and he approved both settlements.

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.

€30k Toddler Injury Compensation Settlement For Bowling Alley Injury

March 22nd, 2018. By Compensation News.

A eight-year-old boy who injured his finger as a toddler when he was using a bowling ball has settled his personal injury compensation action for €30,000 at the High Court.

The young boy, Kaylum Devitt now has a 2cm scar on his right hand index finger. The personal injury compensation claim was settled with a full denial of liability, the High Court was told.

Taking the legal action though Natalie Devitt, mother of Kaylum, of Buirg an Ri, Balgaddy, Lucan, Co Dublin, sued XL Bowl Limited operating as Superdome, Kennelsfort Road, Palmerstown, Dublin, due to the bowling alley accident that happened on March 18 2012.

it was alleged in the High Court that the young boy’s right index finger was l by a cut by bowling ball and he suffered a fracture to the finger which required a surgery.

There was a further allegation that was a failure to put in place the proper measure to ensure the safety of the child. It was claimed that the bowling ball was permitted to remain a danger or hazard at the bowling alley. Legal representatives for Mr Devitt also alleged that appropriate children’s equipment was not provided in order for the bowling alley to be made safe for young children.

XL Bowl refuted  the allegations were and said it would be stated in a court action that the toddler was not being adequately supervised when the accident occurred.

Philip Sheahan SC, acting on behalf of Kaylum Devitt, told the High Court the toddler was in the bowling alley with his family and that there may be two different accounts of what took place on the day and a claim that people were looking elsewhere at the time that the accident took place.

Mr Justice Anthony Barr, who reviewed the scar, said the personal injury settlement was for an adequate sum given the extent of the injuries suffered by the toddler.

Tayto Park Fall Leads to €25k Compensation Settlement for Boy (13)

October 8th, 2017. By Compensation News.

Conor Bolger, aged 13, has been awarded €25,000 in personal injury compensation, for a Tayto Park fall that occurred on March 25 2012, following High Court approval for a proposed compensation settlement.

Mr Bolger, now 13 years old, of Briarfield Road, Kilbarrack, took the personal injury compensation action against Ashbourne Visitor Centre Ltd, Co Meath (trading as Tayto Park) through his father Brian Bolger. He underwent a surgical operation to insert pins in his lower arm to treat a fractured elbow, due the injuries he suffered in the fall.

The legal team acting on behalf of the Bolger family claimed that the tower where the accident occurred, one of the main children’s attractions in the Park in 2012, was overcrowded with people. It was also alleged that the ground surrounding the tower had insufficient protective wood mulch. They also argued that, as there was not an adequate system of safety inspections in place in the area, this went unnoticed by employees of Tayto Park, The added that if these inspections had been carried out Conor Bolger may have suffered less debilitating injuries.

Legal counsel for Ashbourne Visitor Centre (Tayto Park) David McGrath SC denied these allegations as, they believed, Mr Bolger “just fell” and there was no safety issue with the tower itself. The Bolger family, the court was told, were content with the proposed injury compensation settlement of €25,000.

The Tayto Park Fall compensation settlement was approved by High Court Justice Kevin Cross who stated that Mr Bolger’s scar, following the surgical procedure to insert pins, was not “too upsetting” and also commented that the boy would have suffered through being unable to play basketball for a period of time after the accident happened.

Judge Adjourns Case of Girl Injured on Dublin Bus

May 21st, 2017. By Compensation News.

A judge has adjourned the case of a girl who sustained an injury to her eyebrow while travelling on Dublin bus so that further medical reports can be made.

A girl (who was twenty-two months old at the time of the incident) was travelling on a bus in Dublin with her mother in 2015 when the bus driver braked suddenly to avoid an unmarked garda car that had pulled out into a bus lane. Although strapped into her buggy, the girl hit her head on one of the poles in the bus.

The girl was taken to Temple Street Children´s Hospital by her mother to receive medical attention. The girl had sustained a cut on her foreheard, which was cleaned and sealed with seristrips. It is possible that the girl´s eyebrow hair will not develop normally as she gets older, and a very faint scar remains in the area.

As she was a minor at the time of the incident, her mother made a claim for compensation for an eyebrow injury on the girl’s behalf. The defendants-Dublin Bus and the Garda Commissioner-accepted liability for the injury, and a settlement of compensation amounting to €10,000 was offered to the family.

As the claim for compensation for an eyebrow injury had been made on behalf of a minor, the proposed settlement had to be approved by a judge to deem it fair before it could be finalised. The case was heard at the Circuit Civil Court last week, by Mr Justice Raymond Groarke. The judge was told the circumstances of the accident and the consequences of the injury.

Judge Groarke inspected the young girl´s eyebrow and said he could still see a visible scar. He commented that, as it was difficult to tell if the girl had made a complete recovery, he was reluctant to approve the settlement at this stage. He adjourned the approval hearing for six weeks in order that a medical report could be prepared on how the injury may interfere with the growth of the girl´s eyebrow hair in the future. The case is thus ongoing.

Compensation for a Spanish Swimming Pool Accident Approved in Court

March 28th, 2017. By Compensation News.

A judge has approved a settlement of compensation for a Spanish swimming pool accident after an initial offer of settlement was more than doubled.

In August 2012, the twelve-year-old plaintiff and her family visited the Sol Principe Hotel in Torremolinos on the Costa Del Sol. While the girl – who was eight years of age at the time – was swimming in the hotel´s pool, another holidaymaker dived into the pool, landing on top of her and pushing her to the bottom of the pool, where she cut her chin on the tiles.

The girl was taken to a local medical centre, where her cut chin was cleaned and seristrips applied to the wound. Due to the accident, the girl suffered pain, distress and discomfort, and now has a pale 1cm scar on her chin. Through her father she claimed compensation for a Spanish swimming pool accident against the hotel and the travel agent through whom the holiday had been booked.

In the claim for compensation for a Spanish swimming pool accident it was alleged the hotel – and, by association, the travel agent – had been negligent and failed in its breach of duty by failing to take adequate precautions while guests were using the swimming pool. It was also alleged there was a lack of adequate supervision that would have prevented the accident from occurring.

The allegations were denied and a full defence entered against the claim. It was also argued that the case should be heard in Spain, rather than in Ireland, because of the location in which it took place. However, at the Circuit Civil Court, Mr Justice Raymond, heard that an offer of settlement amounting to €5,000 compensation for a Spanish swimming pool accident had been made by the two defendants.

The offer of settlement was in line with what the girl would receive if the family were to successfully bring a claim in Spain. Judge Groarke heard that the offer had been since increased to €12,500 after initially being rejected by the family and, as liability might be an issue if the case were proceed to a full hearing, the family had agreed to accept it. The judge said, in the circumstances he was happy to approve the settlement of compensation for a Spanish swimming pool accident.

Family of Baby with Erb’s Palsy Wins Compensation

February 17th, 2017. By Compensation News.

The family of a baby who was born with Erb’s palsy following negligence of the medical staff involved with his birth has been awarded medical negligence compensation.

A baby boy was born via a natural delivery on 22nd March 2010 despite his mother having requested a birth by Caesarean section. She had requested such an operation because he had been identified as a large baby following an ultrasound, and she wished to avoid the medical complications which this could cause. As she feared, during the delivery process, the boy´s shoulder got trapped in the birth canal. Staff at the hospital-Kerry General Hospital-had to extract him with the assistance of a vacuum cup.

Due to the force applied to free his shoulder, the boy suffered a brachial plexus injury and has since been diagnosed with Erb´s palsy. As a result of this, the boy has a weak right arm that will permanently affect him for the rest of his life. The family sought legal counsel, and the boy´s father made a claim for an Erb´s palsy birth injury against the HSE on his son´s behalf.

The authority in charge of the hospital, the Health Service Executive (HSE) initially denied liability for the boy´s birth injury. period of negotiation agreed to a €530,000 settlement of the claim for an Erb´s palsy birth injury without an admission of liability. As the claim had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in the child´s best interests.

The case was recently heard at the High Court in Dublin by Mr Justice Kevin Cross. The judge was informed that the boy had been identified as a very large baby approximately two months before his birth following an ultrasound scan. As a result of his size, his mother had requested a Caesarean section delivery on two consultations and again when she was admitted to Kerry General Hospital in labour to avoid potential complications with his birth. However, these requests were subsequently ignored by health authorities.

Judge Cross also heard details about the boy’s life. The child attends mainstream school, and has learned to write with his left hand. He is also very good at maths. An expert witness who examined the boy’s physical strength testified that the boy is unable to tie shoes or close buttons and will struggle at sports, after which the judge approved the settlement of the boy´s claim for an Erb´s palsy birth injury against the HSE and wished the family well for the future.

Young Girl Compensated for Fall from Window as Toddler

October 9th, 2016. By Compensation News.

A five year-old girl, who sustained severe injuries after falling from an insecure window, has received a five-figure settlement of compensation.

The accident occurred in August 2012, when Róisín Byrne – then aged fifteen months old – fell eleven feet from a window to a fire escape at her parent’s home in Blackrock, Co. Dublin. The little girl sustain fractures to her ribs, a punctured lung and injuries to her head. Now five years old, she has mostly recovered, though still has a visible scar on her head from the accident.

The Georgian window from which Róisín fell had been identified as a hazard by her parents, Ronan Byrne and Chloe Murphy, as it is very close to the ground. As such, they asked the caretaker of the property to install a security mechanism so that a fall could be prevented.

Yet the request was not undertaken, and acting on her daughter’s behalf, Chloe sought legal counsel and proceeded to file for assessment wth the Injuries Board. The owner of the Blackrock property, Enda Woods, allowed an investigation to be carried out, which resulted in an estimate of compensation worth €46,000.

Though the assessment was agreed by both parties to be fair, as it was made on behalf of a child, the claim had to be approved by a judge. The case proceeded to the Circuit Court, as the value of the claim was in excess of €15,000.

At the court, after hearing details of Róisín’s accident, Mr Justice Raymond Groarke approved the settlement. It will now be paid into court funds until Róisín’s eighteenth birthday.

Compensation Approved for Childhood Holiday Accident

July 10th, 2016. By Compensation News.

A judge in Dublin’s High Court have approved a six-figure settlement of compensation for a teenage girl who was scarred in an accident whilst on holiday as a child.

The teenager in question, Shauna Burke, was aged just ten years old when the accident occurred. Shauna was staying at the Slattery Caravan Park, Co. Clare, with her family when she was out playing in a popular area of the park with her friends. However, as she was running, Shauna lacerated her leg on a nail that was jutting from a pole.

Though Shauna received both quick first-aid and then medical attention from a nearby hospital, she was left with a large scar just above her knee. Shauna’s father, John, decided to make a claim for holiday injury compensation on his daughter’s behalf against the owner of the caravan park, Austin Francis Slattery.

In the claim, John alleged that Slattery was aware of the risk the nail posed yet failed to act. The park owner denied these allegations, though still proceeded to offer Shauna a compensation settlement worth €106,000 for her suffering and cost of medical care.

However, as the claim was made on behalf of a minor, the case had to proceed to the High Court of Dublin for approval of the claim. Mr Justice Anthony Barr oversaw proceedings for the approval hearing, where he heard details of the accident and subsequent scar.

Judge Barr proceeded to inspect the scar, after which he said that he believed the settlement of compensation to be adequate. As Shauna is not yet eighteen, the settlement will be paid into court funds until her eighteenth birthday.

Ombudsman Concerned over Standards of Care in Children´s Residential Homes

August 7th, 2015. By Compensation News.

The Ombudsman for Children has expressed concerns on the standards of care in children´s residential homes and has called for HIQA to take over monitoring.

Niall Muldoon was speaking on RTE´s “Morning Ireland” radio program when he commented that the standards of care in children´s residential homes – particularly voluntarily and privately run homes – may not be being met because of “inconsistencies and discrepancies” in monitoring standards.

It was explained on the broadcast that there are two agencies responsible for monitoring the standards of care in children´s residential homes – the Health Information and Quality Authority (HIQA), which monitors state run homes, and TUSLA (the HSE´s Child and Family Service) which monitors voluntarily and privately run homes.

Mr Muldoon´s primary concerns were that the ten monitoring standards of care in children´s residential homes – including management, staffing levels, children´s rights and environment – had not been met in a number of locations, and the reason for this was that staff shortages had led to delays in the assessment of children´s residential homes.

An investigation conducted by the Ombudsman between January 2012 and August 2013 found that it often took up to fourteen months after the registration of a children´s residential home for an inspection to be carried out. The statutory period within which an inspection is supposed to be conducted is six months.

Mr Muldoon said that the delay in monitoring the standards of care in children´s residential homes was leaving the children in a “vulnerable situation”. He added that his office has engaged with TUSLA to create a “solid action plan” that would amalgamate the monitoring of standards of care in children´s residential homes under one national quality control mechanism run by HIQA.

The 2009 Ryan Report – which recommended that all children´s residential homes were inspected by HIQA – was also mentioned on the broadcast. “We know why the Ryan report was set up” the Ombudsman commented. “We wanted to make sure that children in our care have been looked after to the highest level of standard.” Mr Muldoon added he hoped negotiations with HIQA would result in “independence and proper standards being clearly implemented” in the inspection of care homes.

A spokesperson from TUSLA said the organisation supports the transfer of inspections of voluntarily and privately run children’s residential homes to HIQA, but warned this could take up to two years.

Judge Refuses to Approve Settlement of Compensation for Psychological Injuries at a Crèche

July 23rd, 2015. By Compensation News.

A judge has refused to approve a settlement of compensation for psychological injuries at a crèche, saying that the case should go to a full court hearing.

Emilie Kiely (4) from Sandyford in Dublin started attending the Giraffe Childcare and Early Learning Centre in Stepaside, Dublin, in 2011 when she was eight months old. The following September – when Emilie was moved to the “Toddlers Room” – she started showing signs of distress as she was being prepared to go to the crèche.

In May 2013, RTE broadcast the Prime Time documentary “A Breach of Trust” – a program which exposed the Giraffe Childcare and Early Learning Centre as one of three crèches at which children were mistreated. Emilie´s parents reacted to seeing one of their daughter´s carers screaming at children by withdrawing Emilie from the crèche.

Emilie´s father sought legal advice and – on behalf of his daughter – claimed compensation for psychological injuries at the crèche. In his legal action John Kiely claimed that Emilie had suffered psychological injuries such as stress, emotional upset and terror due to the mistreatment she had received at the Giraffe Childcare and Early Learning Centre.

The owners of the Giraffe Childcare and Early Learning Centre contested the allegations, but made an offer of settlement amounting to €15,000 without admission of liability. As the offer of settlement related to a claim made on behalf of a child, it had to be approved by a judge to ensure that it was in Emilie´s best interests before the offer could be accepted.

At the hearing before Judge James O´Donohue at the Circuit Civil Court in Dublin, James Kiely told the court that his daughter would cry “No crèche! No crèche!” before going to the childcare facility and was clearly distressed. Judge O´Donohue ruled that the proposed settlement of compensation for psychological injuries at a crèche was insufficient for the level of injury it was claimed that Emilie had suffered.

The judge said that it would be in Emilie´s best interests if the claim for compensation for psychological injuries at a crèche was heard by another judge at a full court hearing. Judge O´Donohue´s ruling will have implications for up to twenty-five other claims that have been made on behalf of children attending the crèches featured in the Prime Time documentary.

Claim for an Injury due to Glass on a Playing Field Resolved in Court

May 25th, 2015. By Compensation News.

A teenager´s claim for an injury due to glass on a playing field has been resolved at the Circuit Civil Court with the approval of a revised settlement.

In June 2012, fifteen year-old Rhian Holohan from Kentstown in County Meath was playing in goal for Kentstown Rovers FC in a Dublin Women´s Soccer League match against Ayrfield United FC. As she dived to attempt a save, Rhian cut her knee on a piece of broken glass that was on the surface of the playing field.

The game was stopped in order that Rhian could receive first aid treatment, and she was taken to Our Lady of Lourdes Hospital in Drogheda where her knee injury was cleaned professionally and sutured under anaesthetic. Because of the depth of the cut, Rhian experienced several months of pain and swelling, and had to use crutches for support.

Rhian was also unable to play football for several months, and she now has a visible 1.5 cm circular scar on her knee to remind her of her injury. Through her mother, Rhian made a claim for an injury due to glass on a playing field against Dublin City Council, the Trustees of Ayrfield United FC and the Trustees of Dublin Women´s Soccer League.

Liability for Rhian´s injury was accepted by the three defendants and a settlement of €22,000 was negotiated. As the claim had been made on behalf of a minor, the settlement of the claim for an injury due to glass on a playing field first had to be approved by the court; and consequently the circumstances of Rhian´s accident and injury were related to Mr Justice Raymond Groarke at the Circuit Civil Court.

Judge Groarke considered the negotiated settlement settlement inappropriate to the level of Rhian´s injury, and he asked the parties to consider a higher settlement. Following further negotiations between the parties, the offer of settlement was increased to €30,000. Judge Groarke approved the revised settlement on Rhian´s claim for an injury due to glass on a playing field.

New Inspections for Childcare Facilities to be Introduced

May 18th, 2015. By Compensation News.

New inspections for childcare facilities are to be introduced later this year according to a report in the Sunday Business Post.

The four new inspections for childcare facilities are being introduced by the government following the May 2013 broadcast of “A Breach of Trust” – a documentary shown on RTE´s Prime Time which exposed the alleged abuse of young children in crèches and pre-school facilities in Dublin and Wicklow.

The government was prompted to act due to the controversy that was generated by the program and to address concerns of the European Commission regarding the qualification levels of staff in childcare facilities, who also commented on the varying compliance with minimum standards and regulations.

No fixed date has yet been announced for the new inspections for childcare facilities to be introduced, but the measures implemented by the government are understood to include:

  • The Department of Education will hire extra inspectors to review the delivery of the early years curriculum for children.
  • On behalf of the Department of Children and Youth Affairs, inspectors from Pobal will check the delivery of the free pre-school year.
  • Inspectors from the child and family agency Tusla will inspect the standards of health and welfare in childcare facilities.
  • Education specialists from the Better Start program will check on the delivery of play-based learning for young children.

The new inspections for childcare facilities has raised fears in the childcare sector that operators will be swamped by red tape. The Chief Executive of Early Childhood Ireland – Teresa Heeney – told the Sunday Business Post that the level of bureaucracy was overwhelming.

Early Childhood Ireland represents the interests of 3,500 childcare facilities in Ireland, and Ms Heeney was reported as saying: “What operators cannot tolerate is that these people want it in blue, these people want it in red, and these people want it in white. They all have to agree that green will do for all of them.”

In response to criticism over the new inspections for childcare facilities, children´s minister James Reilly said that a robust inspection service was critical. The minister told the Sunday Business Post that inspectors from the four different agencies would share an IT system so that each would all have access to the same data on childcare facilities.

As a result of Prime Time´s documentary, there are fifty cases on their way to the High Court. All concern alleged abuse of children or breach of contract, and all made against the Links Crèche in Abingdon, Dublin – one of the three childcare facilities featured in the documentary. According to the solicitor heading the legal action – Kathrin Coleman – the cases are at an advanced stage of proceedings.

Settlement of Luas Injury Compensation Approved in Court

April 2nd, 2015. By Compensation News.

A €25,000 settlement of Luas injury compensation has been approved for a schoolgirl from Dublin who was hurt in an accident seven years ago.

Aoife Heron from Raheny in Dublin was hurt in the accident on 14th February 2008 when she, her mother and her younger sister were boarding a Luas at Connelly Street with the intention of travelling to Jervis Street.

Aoife – who was only six years of age at the time – boarded the Luas ahead of her mother Elaine; but, as Elaine started to push the buggy containing her younger child onto the Luas, the automatic doors closed – trapping the buggy between them.

Due to there being a blockage, the doors automatically opened, and Elaine was able to retract the buggy. Aoife, who was still inside the train, went to join her mother and sister on the platform; but as she tried to disembark, the automatic doors closed once again – on this occasion trapping the little girl´s head between them.

An ambulance was called, and Aoife was treated at the scene for a head injury by paramedics. A later examination by the family´s GP determined that Aoife had suffered a soft tissue injury and significant bruising. Seven years later, and Aoife has a scar on her head and has developed a phobia about travelling on the Luas.

Through her mother, Aoife made a Luas injury compensation claim against Veolia Transport Dublin Light Rail Ltd – the operators of the Luas. In the claim it was alleged that Veolia had been negligent and in breach of duty. Veolia initially denied its liability for Aoife´s Luas injury and prepared a full defence to contest the claim.

However, after a period of negotiation between solicitors representing the two parties, a €25,000 settlement of Aoife´s Luas injury compensation claim was agreed – the settlement having to be first approved by a judge as Aoife is legally a minor.

Consequently the details of the accident and Aoife´s injury were told to Mr Justice Raymond Groarke at the Circuit Civil Court in Dublin. Judge Groarke heard that Aoife may need psychotherapy in the future to overcome her phobia about travelling on the Luas, and the judge approved the settlement of Luas injury compensation – wishing Aoife all the best for the future.

Boy Awarded Compensation for an Injury Caused by a Dog Bite

March 24th, 2015. By Compensation News.

A boy has been awarded €7,500 compensation for an injury caused by a dog bite after a hearing at the Circuit Civil Court in Dublin.

Rhys Loy from Clongriffin in Dublin was twelve years of age when he was cycling home from school in November 2011. As he mounted a pavement in Raheny, he was attacked and bitten by a five-year-old Collie named Charlie, who was out for a walk on a lead with his temporary carer – Anecy Sholling.

 Rhys was taken suffering from shock to the Children´s University Hospital in Temple Street, where he received treatment for a superficial laceration on his left calf. After being discharged from hospital with his injury cleaned and sutured, Rhys returned on several more occasions to have the dressing changed and his injury examined to ensure it was healing properly.

On her son´s behalf, Rhys´ mother – Sinead Byrne – claimed compensation for an injury caused by a dog bite against the registered owners of the dog – the PAWS animal rescue centre in Mullinahone, County Tipperary, which was run by Deidre and Gina Hetherington. Ms Byrne also applied to the Gardai to have the dog put down.

Deidre and Gina Hetherington denied their responsibility for Rhys´ dog bite injuries, and said that the Collie had been adopted by Ms Sholling several months before the attack on Rhys. The Hetheringtons claimed that they did not know the whereabouts of the Collie when Garda officers attempted to collect the dog to have him put down.

With there being a dispute over liability, the Injuries Board issued an authorisation for the case to be heard in court. The claim for compensation for an injury caused by a dog bite subsequently went to the Circuit Civil Court in Dublin, where it was heard by Mr Justice Raymond Groarke.

At the hearing, Judge Groarke was informed by a Garda officer that she had seen paperwork confirming PAWS as the registered owners of the Collie at the time of the attack. The officer testified that the dog was only being fostered by Ms Sholling when it attacked Rhys and that it had been returned to the animal rescue centre shortly afterwards.

As the Collie had been the property of the animal rescue centre at the time of the attack, Judge Groarke said that Deidre and Gina Hetherington were the legal owners and subsequently liable for the dog´s actions. He ordered them to pay Rhys €7,500 compensation for an injury caused by a dog bite and commented he did not believe it was a coincidence that the Collie had escaped his punishment.

Compensation for Child Killed in Car Accident Awarded to Mother

January 23rd, 2015. By Compensation News.

A settlement of compensation for a child killed in a car accident has been approved in the Circuit Court for the mother of a toddler who was run over by a neighbour.

Lily Rose O´Toole was approaching her second birthday when, on 3rd March 2013, she was in the front garden of her family home in Tallaght, Dublin with her mother Ruth. Ruth left her daughter unattended for just a few minutes as she chatted with a neighbour who was just about to leave in her car.

After saying goodbye to the neighbour, Ruth turned back towards her own garden and could not see her daughter. Ruth then heard a bang, and turned around to see her daughter on the floor behind the neighbour´s car.

Lily Rose managed to get up and walk a few steps towards her mother but, when Ruth picked her up, she noticed a graze on her daughter´s forehead. The toddler was rushed to Tallaght Hospital, but died shortly after of intra-abdominal bleeding caused by internal injuries.

Ruth sought legal advice and made a claim for compensation for a child killed in a car accident under the Civil Liability Act 1962 against her neighbour – Esther Dillon. Ms Dillon´s liability was accepted by her car insurance company and a settlement of €36,188 was agreed.

Because part of the compensation settlement included compensation for Lily Rose´s ten-year-old step-brother, the settlement of compensation for a child killed in a car accident had to be approved by a judge before the claim could be resolved.

Consequently, the case was brought before Mr Justice Raymond Groarke at the Circuit Civil Court, who was told the circumstances of Lily Rose´s tragic accident. The judge was told that the settlement of compensation included €20,394 for Ruth´s mental distress and €10,794 for fees and funeral expenses – the other €5,000 being awarded to the step-brother, Patrick.

Judge Groarke approved the settlement of compensation for a child killed in a car accident and expressed the court´s deep sympathy – saying that the loss of a child was a terrible thing to happen to any mother.

Judge Approves Settlement of Compensation for being Attacked by a Dog

January 15th, 2015. By Compensation News.

A High Court judge has approved a €150,000 settlement of compensation for being attacked by a dog in favour of a twelve year old girl.

Mr Justice Kevin Cross heard how Lauren Kelly from Abbeylara in County Longford was playing “hunting the wren” with family and friends on 26th December 2011, when she came across a Rottweiler that had escaped from its home by jumping over a wall and was roaming the streets.

The Rottweiler attacked Lauren – causing her to sustain neck and shoulder injuries and twenty-six puncture wounds to her upper right arm. Lauren escaped worse injury when her mother and friends jumped on the dog to stop it “tossing Lauren around like a rag doll”.

Lauren was taken immediately to hospital, where she was treated for her injuries. Lauren subsequently had to undergo multiple skin grafts surgeries, which have left her permanently scarred, and she now has to wear a protective medical sleeve whenever she goes swimming to prevent infections.

Lauren made a claim for compensation for being attacked by a dog through her parents – Michael and Marcella Kelly – claiming that the owner of the Rottweiler – William Crawford also of Abbeylara, County Longford – had been negligent by having inadequate measures in place to stop the dog from escaping.

The claim for compensation was initially contested, but a settlement of compensation for being attacked by a dog was subsequently agreed amounting to €150,000. As Lauren is still a legal minor, settlement of her claim had to be approved by a judge.

Consequently, at the High Court in Dublin, Mr Justice Kevin Cross was told the circumstances of the attack and the injuries that Lauren had sustained. He heard how Lauren had suffered nightmares after the attack and was still scared of big dogs.

The judge approved the €150,000 settlement of compensation for being attacked by a dog, which will be held by the court in an interest-bearing account until Lauren is eighteen years of age. Lauren´s patents will be able to access the settlement by application to the court if Lauren requires further medical attention as a result of the attack.

Judge Orders Charitable Donation Settlement after Animal Injured Child at Zoo

October 16th, 2014. By Compensation News.

A judge at the Dublin District Court has ordered the Zoological Society of Ireland to make two charitable donations after an animal injured a child at the zoo in Phoenix Park.

On 8th August 2013, a party of adults and children were allowed into the Brazilian tapir enclosure in Phoenix Park Zoo under the supervision of a zoo-keeper. Unfortunately, while the party were inside the enclosure, one of the tapir´s became agitated and attacked a two-year-old toddler and her mother when she tried to defend her daughter.

The young girl was taken to Temple Street children´s hospital, where she was treated for stomach and arm injuries. Her mother also received medical treatment for injuries she sustained while trying to defend the toddler from the animal which injured her child at the zoo.

An investigation into the incident was launched by the Health and Safety Authority (HSA) which revealed that the visit to the tapir enclosure should not have been allowed according to a risk assessment conducted in 2006.

The HSA prosecuted the Zoological Society of Ireland with a breach of the 2005 Safety, Health and Welfare at Work Act, to which the Society pleaded guilty when the case came before Judge John O´Nell at the Dublin District Court.

The judge heard a statement read out in court by a representative of the Zoological Society of Ireland, in which the zoo apologised for the injuries sustained by the toddler and her mother, and which informed the judge of health and safety measures that had been implemented to prevent a repeat of when the animal injured the child at the zoo.

Judge O´Neill said that he would put the Zoological Society of Ireland on probation, provided that it made two charitable donations to LauraLynn Children’s Hospital and the Jack and Jill Foundation of €2,500 each. Subject to the payments being made by December 8th, the judge said that no conviction would be recorded against the Zoological Society of Ireland.

It is understood that the parents of girl hurt in the incident do not intend to make a claim for injury compensation against the Zoological Society of Ireland.

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.

Injury Compensation for Lacerated Finger Approved in Court

April 9th, 2014. By Compensation News.

The Circuit Civil Court has approved a settlement of injury compensation for a lacerated finger for a nine-year-old girl from Dublin.

At the Circuit Civil Court in Dublin, Court President Mr Justice Raymond Groarke heard how Naoise Walsh from Bluebell in Dublin was shopping in the Debenhams store in Henry Street with her mother, when the two stopped in the store´s café for a drink and a rest.

Naoise (who was six-years-old at the time) went to take a drink from one of the fridges in the café but, as she did so, her finger became trapped in the wire mesh of the shelf on which the drink was stacked and as she tried to pull it away, she lacerated it badly.

An ambulance was summoned, and Naoise was taken to the Children´s Hospital in Temple Street, where her injury was cleaned and her finger dressed. The following day, Naoise underwent a general anaesthetic so that her injury could be examined for tendon damage; however none was found and Naoise was allowed home the same evening.

Through her mother – Amy – a claim for injury compensation for a lacerated finger was made on Naoise´s behalf against Debenhams Retail Ireland Ltd. The company acknowledged their part in Naoise´s injury, and the two parties agreed a settlement of €10,000 injury compensation for a lacerated finger.

However, before the claim for a lacerated finger injury could be concluded, the settlement had to be approved by a judge: and therefore Mr Justice Raymond Groarke was told the circumstances of how Naoise sustained her finger injury – and that Debenhams was not contesting the claim – before approving the settlement of injury compensation for a lacerated finger.

Girl Receives Compensation for Prenatal Injuries Caused by Car Accident Two Days before her Birth

October 12th, 2013. By Compensation News.

A teenage girl is to receive compensation for prenatal injuries caused by a car accident after suffering from respiratory distress syndrome when she was born prematurely two days later.

Martina Sheehan was driving the family car along Templeroan Road in Dublin on 13th April 1999 when she was in collision with a car driven by Elaine O´Connor – also from Rathfarnham. Neither woman was hurt in the accident, but two days later, Martina – who was thirty-six weeks pregnant – went into early onset labour and gave birth to a daughter – Aoife.

As soon as Aoife was born, she suffered from respiratory distress syndrome and was transferred to the Coombe Hospital´s neo-natal intensive care unit, where she was placed on a ventilator and given medication to help her breathe independently. Aoife remained in the intensive care unit for three weeks, during which time she was critically ill.

After seeking legal advice, Martina Sheehan made a claim for compensation for prenatal injuries caused by a car accident on behalf of her daughter; alleging that had the accident not occurred she would not have gone into labour at thirty-six weeks, Aoife would not have been born prematurely and she would not have suffered respiratory distress syndrome.

Insurers for Elaine O´Connor denied their client´s liability for Aoife´s injuries, claiming that there was no medical evidence to support the claim that the collision had directly been responsible for the premature birth, that pre-term babies were more pre-disposed to respiratory distress and, as the accident had happened before Aoife was born, Aoife was ineligible to receive compensation for prenatal injuries caused by the car accident.

However, solicitors representing Martina and Aoife continued with the claim and, after a prolonged period of negotiation, a settlement of compensation for prenatal injuries caused by a car accident was agreed that would see Aoife receiving €15,000 in general damages with a further €2,800 in special damages to account for the financial expenses that Aoife´s parents had incurred.

Approving the settlement, Judge Deery said that the solicitors representing Martina and Aoife had done a good job as, in the circumstances, proving liability may have been difficult if the case had gone to trial and might not have ended with the family securing a positive outcome.

Football Injury Compensation Approved in High Court

October 10th, 2012. By Compensation News.

A young girl, who sustained a serious neck injury after the crossbar of a goal fell on her head, has had her settlement of compensation for a football injury approved in the High Court.

Jessica Fidgeon Cush (17) from Lusk, County Dublin, was just eleven years old when her accident happened in October 2006. While playing as goalkeeper for Round Towers Lusk GAA in a Gaelic football game at the at the Starlights GAA Club in Collinstown, North Dublin, the crossbar fell from the goalposts and hit Jessica on head.

X-rays taken on her arrival at hospital showed that Jessica had a lucky escape. Her sixth vertebrae was broken but, had the crossbar had hit her once inch either side of her injury, she could have been killed or paralysed. Jessica has to wear a neck brace while her injury healed, but also suffered from headaches, nightmares and flashbacks, and was diagnosed with Post Traumatic Stress Disorder after developing a fear of dying.

Through her father – Philip – Jessica filed a claim for compensation for a football injury against the Gaelic Athletic Association, as the GAA are responsible for the organisation, control and supervision of Gaelic games in the State. In the action it was alleged that the goalposts had been allowed to remain in an unsafe condition, that no inspection of the goalposts had been undertaken and that there was a failure to ensure that the crossbar was adequately secured to the goalposts.

At the High Court in Dublin, Mr Justice Nicholas Kearns was informed that the case before him was only for the approval of damages, as a compensation settlement of 50,000 Euros had been agreed between the two parties. After being told all the details of the case, Mr Justice Kearns approved the settlement of compensation for a football injury which will be paid into court for one year until Jessica reaches the age of eighteen.

Childrens Sport Injury Compensation Awarded

September 13th, 2012. By Compensation News.

A child, whose family claimed he suffered devastating injuries due to the type of bat used in a baseball game, has been awarded 14.5 million dollars in compensation for childrens sport injury in an out of court settlement.

Steven Domalewski was twelve years old when his tragic accident happened. Playing as a pitcher in a Police Athletic League baseball game in 2006, the player to who Steven pitched the ball hit it back with such force that it caused Steven to suffer a cardiac arrest when it hit him on the chest.

Despite the attentions of parents and officials, it was almost twenty minutes before Steven regained consciousness – during which time his brain was starved of oxygen, leading to him sustaining permanent and irreversible brain damage.

Steven´s family filed a claim for childrens sports injury compensation, based on the grounds that the baseball bat that was used was in the game was made of metal and, because of the additional power it provided in relation to wooden bats, should not have been used in a children´s game of baseball.

Liability wasnot accepted by Little League Baseball who sanctioned the bat as safe to use, Hillerich and Bradsby – the manufacturers of the “Louisville Slugger” metal baseball bat – and the national retailer of the bat, The Sports Authority.

However, solicitors acting on behalf of the Domalewski family claimed that – in 2008 – Little League Baseball limited the performance of metal bats used in children´s games of baseball to the same as that of wooden bats, with an eighty percent reduction in injuries to pitchers.

A trial date was set but, as opening statements were about to begin, the State Superior Court in Passaic County heard that an agreement of compensation for childrens sport injury had been negotiated between the parties and that Steven was to receive 14.5 million dollars to provide him with the care that he will need for the rest of his life.

Baby Chair Recall Due to Injury Claims

August 28th, 2012. By Compensation News.

A baby chair recall due to injury claims has been issued following complaints and reports of injury made to the American Consumer Product Safety Commission (CPSC).

The chairs – which are manufactured for babies aged from 3 months to 10 months – are sold in Ireland through a number of retail outlets and online stores for around 40 Euros, but have been found to be unstable when used by active children and have lead to several serious injuries when babies have rocked from side-to-side or leant backwards.

Marketed in Ireland as Bumbo Baby Sitters, Bumbo Baby Chairs and Bumbo Baby Chairs, the product was originally withdrawn in 2007 after it was found that parents in the US were placing their newly-born children at risk by leaving them unattended and unrestrained in the Bumbo chairs placed on a table. More than twenty reports of infants sustaining injuries due to falling from Bumbo Baby Chairs were received by the CPSC – including two of a fractured skull injury.

Since the product was re-introduced into the USA, more than four million sitters have been sold. However, the application of a label advising parents that the Bumbo baby Seats should not be used at height has not stopped the complaints from coming in. Between 2007 and 2011 the CPSC received more than 50 reports of injuries to children due to using the Bumbo Baby Sitters – with a further 19 skull fractures reported.

In November 2011, when it was discovered that a number of these skull fracture injuries were sustained by children seated on the floor, the CPSC issued a health warning advising parents to be vigilant whenever they placed their children into a Bumbo Baby Seat. This further warning failed to prevent Bumbo Baby Sitter incidents from occurring, and now the manufacturer has recalled the baby seats – with the CPSC issuing instructions that they should not be used until a repair kit which includes a safety harness has been obtained from Bumbo International.

In Ireland, parents should also stop sitting their children in the faulty chairs until a restraint has been received from the vendor from whom the Bumbo baby chair was purchased. Although the baby chair recall has not yet been extended to Ireland, parents of children who have sustained an injury due to a faulty chair should contact a solicitor to discuss their right to claim for Bumbo baby chair Injury Compensation.

Child Accident Compensation for Injury to Boy Approved in Court

July 1st, 2012. By Compensation News.

An eleven-year-old boy, who sustained a broken leg while playing football on council property, has had a settlement of child accident compensation for injury to a boy approved in the Circuit Civil Court.

Kristin McMahon from Dublin was just eight years old when the accident occurred in June 2009 at the Dublin City Council owned site of the former fish market in St. Michan´s Street. While playing in a competition hosted by Bradog Youth Services Ltd, Kristin fell on the concrete surface and suffered injuries to his knee and leg.

Kirstin was taken to the Children´s University Hospital in Temple Street by ambulance where x-rays showed a fractured tibia and Kristin was fitted with a plaster cast which he had to wear for several weeks.

Through his mother, Carol Mooney, Kristin made a claim for child accident compensation for injury to a boy compensation against Bradog Youth Services Ltd and Dublin City Council and, in a negotiated settlement, the two defendant´s agreed to pay 20,000 Euros in compensation for child football injury.

As with all compensation claims for children, the settlement had to be approved in court and, after hearing the circumstances of Kristin´s accident and the consequences to his quality of life while he was recovering, Mr Justice Matthew Deery approved the settlement of child accident compensation.

Child Compensation for a Fall in Toy Shop Approved in Court

May 21st, 2012. By Compensation News.

A girl of five, who will be left with a permanent scar after a fall in Hamleys, has had a settlement of child compensation for a fall in toy shop approved at the Circuit Civil Court.

Brianna Healy (5) from Ballinteer, Dublin, was just two-years-old when she fell and banged her head at the Hamleys Store in Dundrum, Dublin, on 23rd February 2009. Due to the incident, Brianna will have a scar on her face for the rest of her life.

At the Circuit Civil Court, Mr Justice Matthew Deery heard that the store had accepted liability for Brianna´s injury, but the family had not been satisfied with the original offer of compensation for a fall in toy shop and had taken legal advice.

A revised offer of 27,500 Euros was settled upon, which the family were happy with, and after hearing that the case was before him for the approval of damages, Mr Justice Matthew Deery approved the settlement and wished Brianna well for the future.

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.

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