Month: June 2018

€1.8m Wrongful Birth Compensation Awarded Following Incorrect Foetus Test Results

The first ever wrongful birth compensation case in the State has been settled for an interim payment of €1.8m after a mother, who suffers from a rare genetic condition, alleged she was deprived of her right to travel for an abortion.

Her baby was born with the same disabling condition after a prenatal test that was carried on the foetus for that condition came back showing no indication that it was present in the child.

The mother in question told the High Court that she had planned to use her constitutional right to travel to the England for an abortion if the test had shown results showing that her unborn baby had the same debilitating genetic condition. However, her child was deliverd with the this condition and now needs 24-hour care. The mother claims that, based on the test results, she was not allowed informed consent and to make an informed decision in respect of the continuance of her pregnancy.

Legal representative for the mother, Oonagh McCrann SC, advised the High Court that the parents went ahead happily and joyfully with the pregnancy after the normal result was returned on the test. Later, following the birth, they felt considerable shock and grief when they discovered that the rare genetic condition with very significant and profound disability.

Mr Justice Kevin Cross put a barring order in relation to reporting of details that may identify the mother and child publicly. The mother had taken the wrongful birth compensation legal action against the Rotunda Hospital, Dublin, and Our Lady’s Children’s Hospital, Dublin. Complete liability in the case was officially admitted on June 13 2018.

The admission stated that “in the particular circumstances of this case and in light of the outcome of the recent referendum repealing the Eighth Amendment to the Constitution”, liability was admitted and the public policy defence was withdrawn.

Mr Justice Cross, remarking that liability had been admitted, said he felt the result of the referendum was not relevant.

 

Woman Settles Compensation Action over Finger Injury in Dicey Reillys

A High Court action in which a 23-year-old woman claimed she broke her finger when she was ejected from a well-known Dublin bar by security personnel after her friend asked to use the toilets has been settled

Sophie Beardmore, Redford Park, Greystones, Co Wicklow, had taken the personal injury compensation action against Senture Security Ltd, Citywest, Dublin which is no longer in business, and Triglen Holdings Ltd trading as Dicey’s Garden Bar, Harcourt Street, Dublin, alleging she was illegally assaulted on May 19, 2015.

Her legal representatives claimed that the security staff had displayed “an unbelievable overreaction” when there was a “jostle’ with a security man at Dicey’s Garden Bar over using the toilets and Ms Beardmore was grabbed by the arm and flung out on to the street.

The business student suffered a nasty fracture and the index finger on her left hand was in a splint for weeks, while she had difficulty completing everyday tasks such as writing and washing her hair after suffering the injury.

There was an alleged failure to provide properly qualified or trained security personnel at the bar.

Triglen Holdings had denied the Mrs Beardmore’s claims that there was an alleged failure to take any or any reasonable care to see she was safe while lawfully a visitor and patron on the premises and that the security staff were not properly trained.

Mr Justice Anthony Barr was told the case had been settled.

The incident, which was captured on CCTV, happened after Ms Beardmore had gone to Dicey’s bar with a friend and had a pint of cider each and shared another pint. Her friend needed to use he toilet but they were not allowed use the toilet in the smoking area and went to another.

Ms Beardmore’s hand was grabbed by a security person and her friend was also dragged viciously, counsel said, before she was thrown out on to the street and her friend was thrown out following this.