Author: News

Birth Injury Compensation of for Boy who Sustained Cheek Injury During Delivery at Rotunda Hospital

Four-year-old Jake O’Connor, who sustained an injury to his cheek when he was being delivered at the Rotunda Maternity Hospital in Dublin, has had his High Court compensation action settled for €45,000 

After hearing testimony from medical experts on both teams the compensation settlement was agreed , despite some debate in relation to the cause of the injury being either medical negligence or simply just there being unnecessary danger due to the use of forceps during the delivery.

Taking the legal action through his mother – Jennifer Munnelly of Kenilworth Lane West, Rathgar, Dublin – against the governors and guardians of the Rotunda maternity hospital in relation to the negligence and breach of duty when he was delivered on December 20, 2017.

All of the allegations were refuted by the legal representatives for the defendants. 

The court was informed that the legal team for the plaintiff were arguing, on behalf of their client and  based on a report from a Lancashire-based consultant gynaecologist and obstetrician SJ Duthie, that too much force was being used with the forceps during delivery.

During the hearing the legal team for the plaintiff claimed that there was a failure by the medical team to advance his mother’s labour and, due to this, a forceps delivery was completed. Additionally it was claimed that as there was a failure to apply an adequate amount of lubricant during that procedure, in order to reduce friction, and due to the fact the proper method was not being used too much force was placed to the right side of the newborn’s face.

This course of event, if it was claimed, inflicted a laceration on Jake’s cheek which has left a wound. The Judge was informed that the wound is more noticeable when Jake smiles and, due to this, it may be necessary for him to undergo a cosmetic surgery procedure when he is older.

Counsel for the defence produced medical testimony from expert and retired consultant obstetrician Peter Boylan, former Master of the National Maternity Hospital, that claimed the wounds inflicted due to the use of the forceps are a regular occurance and are not indicative of the a breach of duty on the part of the delivering obstetrician. Mr Boylan added that a laceration may happen simply because of the “inherent risk” of the procedure.

Presiding Judge Justice Paul Coffey was informed that Jake’s legal representatives estimated the value of the case at somewhere between €60,000 and €70,000. However, due to the debate in relation to liability between the parties it had been agreed to accept a settlement offer of €45,000 birth injury compensation.

Justice Coffey was also informed that Jake’s parents were happy with the offer. Justice Coffey gave his approval for the settlement which he said was ‘fair and reasonable’.


Catering Company Sued after Woman Dies from Salmonella

A legal action for compensation against a catering company has been filed by six people at the High court in relation to the death of a woman who consumed contaminated food at a child’s First Holy Communion  party.

The civil claims were submitted in relation to the death of Swords native 55-year-old Sandra O’Brien who  died following an illness caused by food that she ate at her grand niece’s communion party in May 2017. Sadly, Mrs O’Brien passed away just over a week after contracting a rare form of salmonella. The salmonella was caused by cold sliced turkey at the party .

In total, the court was informed, over 70 individuals became ill following similar parties throughout the same region of north Dublin over a two-day period in 2017. At the party Mrs O’Brien attended Flanreil Ltd was the catering company providing the food service. This is a service operated from O’Dwyers pub on Strand Road in Portmarnock and has registered directors Rory Reilly from Mornington in Co Meath, and Ciaran Flanagan from Stamullen in Co Meath.

Previously these company directors were convicted and issued with fines totalling €18,400. at the District Court in relation to breaches of food safety regulations. However, court records now show that papers were submitted to the High Court on March 20, 2020 with six claims for compensation against Flanreil and another catering company called RR Links Ltd. Mr Reilly and Flanagan are also listed as directors of RR Links.

Since the incident Flanreil Ltd has ceases trading but the directors have re-established it under a new name. Flanreil was They dissolved Flanreil on June 5, 2019 before the directors started another catering company, Ukrasurm, which is being operated and register to O’Dwyer’s pub – the same location that Flanreil was operated from. The new entity has been registered as as a catering and food preparation solution, restaurant, and other services.

It has also been discovered that Reilly and Flanagan are directors of two event catering companies, RR Links Ltd and CF Links Ltd. They are RR Links Ltd, which is a joint respondent in the civil claims, and CF Links Ltd, which were set up in December, 2015.

Mrs. O’Brien’s husband and son are two of the six individuals that have filed the compensation claims. As of yet a court hearing has not been scheduled. 

At the official inquest into Mrs O’Brien’s death Dublin’s Coroner’s Court was informed that she had been an energetic mother-of-one who passed away after experiencing food poisoning as a result of consuming contaminated cold cooked turkey. At the hearing her husband Michael told those present that his wife was an experienced marathon runner.

Michael O’Brien told the hearing that on May 13, 2017, they were celebrating at their grandniece’s Communion party when his wife consumed some of the cold meat that was at the party. Two days later, on May 15, she began feeling unwell and, tragically, she passed away on May 21, 2017. He described the shock he experienced following her death in what a pathologist referred to as a “very rare event”.

The cause of Mrs O’Brien’s death, Dublin Coroner’s Court was told, was acute myocarditis, or inflammation of the heart muscle, secondary to a salmonella infection. Despite there being an outbreak of 72 cases connected to various parties across north Co Dublin during a two-day period in 2017, Mrs O’Brien was the only person to die. A narrative verdict in the case was returned by the jury.



Golf Club Accident Results in €100,000 Compensation for Volunteer

At the High Court a volunteer who lost part of his left index finger as he was assisting with erecting timber cladding on club pro-shop been awarded €101,495 personal injury compensation.

A scratch golfer at the time of the accident, 48-year-old Mark McGroarty was helping a carpenter after being asked by club captain Nigel Britton to help out. The carpenter’s usual assistant was unavailable at the time that the accident took place on June 5, 2015.

As part of the project the qualified carpenter, and club member, Tony McKeon asked that Mr McGroarty hold a long plank of timber. This was balanced on a single milk crate while Mr McKeon proceeded to cut it with his circular electric saw. During the task Mr McKeon lost control of the circular saw and it collided with Mr McGroarty’s left hand.

Mr McGroarty took the legal action for compensation against the four trustees of the club, Diarmuid Kilcullen, Mimi Stack, Stephen McCormack and Christopher Stack, all care of Cobh Golf Club, and Mr McKeon, with an address at Lehenaghmore, Togher, Cork. In the action he alleged that they owed him a duty of care and their negligence resulted in the injury that he sustained.

The defendants refuted these allegations and counter claimed that, because he was a member of the club at the time of the accident, he could not take a legal action against other members of the golf club.  Additionally, Mr McKeon stated in his defence that Mr McGroarty was assisting him on the project voluntarily. after being asked to do so by the club captain. He also said that there contributory negligence  on behalf of Mr McGroarty.

However, Mr McGroarty stated that he was not a fully paid-up member of the golf club at the time of the accident. he said that this was due to his subscription not being paid in line with the club constitution so he was therefore entitled to recover damages against the defendants.

After reviewing the golf club’s constitution, Ms Justice Hyland said that her interpretation of it is that a member’s subscription must be paid by January 31 annually. Failing to do this will result in club membership being considered as terminated 0 she added that this is despite the practice of the club being to ignore this rule and to treat persons, including Mr McGroarty, as members even when the subscription had not been paid. It was also noted noted that Mr McGroarty had had paid only a small part of his subscription by January 31, 2015 and had entered club competitions and represented the club on teams playing interclub tournaments.

However, she said that the precedent set in an earlier legal action is that the rules of clubs cannot be taken to be altered by implication, including by the practice of a club, in circumstances where those rules represent a contract between all of the members. Along with this it is also the case that where the members commit their efforts and resources to the club on the basis of the rules as they exist at the time of someone joining.

She said that this situation is not changed by the club’s acceptance of a smaller payment by Mr McGroarty after the termination date. There was no proof that his membership had been reinstated following this payment or of a waiver being applied by the club of its requirements in relation to payment of the subscription. She found he was not a member of the club at the relevant date and is therefore entitled to recover damages against the defendants. As he was not a fully paid-up member at the time that the accident took place, Justice Niamh Hyland ruled that Mark McGroarty was entitled to take the legal action against Cobh Golf Club in Cork.

Mr McGroarty, with an address at Springfield Park Cobh, works for the Irish Naval Service. Following the incident where his extensor tendon of his middle finger was also severed he was taken to Cork University Hospital by air ambulance. After arriving at the hospital he underwent a surgical procedure to amputate his left index finger.

Due to the support afforded to Mr McGroarty by his employer, he has not suffered any loss of earnings and or incurred significant costs for counselling. This service was provided free of charge by the Navy.

The judge said the appropriate sum to compensate for his pain and suffering to date and into the future is €100,000. Along with a €1,495 claim for special damages the total amount of golf club injury compensation was €101,495.

€60,000 School Injury Compensation for Boy Injured during PE

€6,000 school injury compensation was recently awarded to a schoolboy from Listowel who injured his hand badly during a physical exercise class.

The young male was participating in a PE class. He had an accident involving a window that was already broken, resulting in a serious cut to his right hand. His legal representation, Senior Counsel John Lucey informed the High Court that his client was playing soccer in the school hall when the incident took place. He went on to say that the boy’s right hand collided with the broken window pane. His injuries were quite significant, so much so that he had to undergo a surgical procedure to address the wound that was inflicted.

Referring to an affidavit provided by solicitor Amy Connolly, of Cantillon Solicitors, Mr Lucey SC informed the Judge that the teenager was left with a serious scar and experienced significant pain due to the accident that occurred when he was participating in a physical education class at St. Michael’s College on August 28 2019. He relayed how the incident took place when his then 13-year-old client put his right hand out in front of himself to stop himself when he was running. Sadly his hand fell into a pane of glass which was previously broken and had not been mended.

Due to the accident the young boy was inflicted with a transverse laceration on his right hand palm, his dominant hand. This led to a total division of the radial nerve in his right index finger and bruising to the ulnar digital nerve of the right thumb.

Medical testimony was provided by surgeon Mr Eoin O’Broin who informed the court that the teenager eventually returned to a full range of movement of his right hand. He added that long-term prognosis was good and that he should be able to complete the majority of tasks involving manual dexterity.

At the High Court sitting, which was being held in Cork, presiding Judge Justice Kevin Cross informed those present that the young boy was left with a ‘very nasty’ cut and resulting scar due to the school hall accident. The boy is now 15 years old.

Justice Cross asked if the family was satisfied with the ruling of the Personal Injuries Assessment Board which was before the High Court for final approval. In response to this the family advised him that their only misgiving was that their son may suffer ongoing consequences later in his life due to the injury.

Justice Cross gave his approval for the €60,000 school accident compensation award in favour of Ethan Farley, suing through his mother, Helen Farley, of Bunagarha, Listowel, County Kerry.

Car Accident Compensation of €54,000 for Girl Born Prematurely After Road Traffic Incident

€54,000 road traffic accident compensation has been awarded to a girl who was born prematurely. by emergency caesarean section, just one day after a car driven by her pregnant mother was involved in  an accident.

On April 24, 2014. Abigail Mielec’s mother was involved in an accident with a tractor when she was driving. She was 31 weeks pregnant at the time that the accident occurred on the road from Carrick-on-Suir to Rathgormack, Co Tipperary. 

Following delivery, Abigail spent the first 36 days of her life in hospital and Justice Kevin Cross told the court that the injuries were moderate but not insignificant. He added that it was not the start that Abigail should have had. 

The road traffic crash happened when the tractor was driving onto the road from a field and it collided with the car coming along the adjacent road. It was alleged there was a failure to use the help of others to warn oncoming traffic that a slow-moving vehicle was about to emerge from a field onto the road. Additionally there was an alleged failure to give any or any adequate and proper warning of the presence of the tractor or its intentions.

In the incident Abigail’s mother had hit her belly of the steering wheel. She was taken to Clonmel Hospital where she was kept overnight and, on April 25, Abigail was delivered by emergency caesarean and was nine weeks early. After delivery, Abigail experienced some respiratory difficulties and was moved to Cork University Hospital, where she remained in intensive care. Subsequent to this she, the infant, experienced a gastrointestinal problem was diagnosed and remained in the Cork hospital until she was 32 days old. She was finally discharged home on June 1, 2014 where there were recorded incidents of her suffering intermittent severe abdominal pain.

The owner of the tractor involved in the accident – Pat Murphy, Ballyquinn, Carrickbeg, Carrick on Suir, Co Waterford – and the driver – Patrick O’Brien, Bishopstown, Mothel, Co Waterford – were sued by  Abigail, of Fiddown, Co Kilkenny, via her mother, Ewelina Mielic.

The legal action was before the court for the final assessment of damages only. A separate legal action taken by Abigail’s mother, in relation to the injuries that she suffered in the crash, had previously been settled.

Justice Cross said the little girl has no recollection of the trauma but there was no doubt she had significant pain. He added that she has small and indistinct scars from where lines had been inserted and she had also got injections and antibiotics in hospital. She had completely recovered within a year.

Justice Cross referred to Abigail’s injuries as moderate but not insignificant. He awarded €30,000 in general damages and also awarded for past care, bringing the total to €54,431.


Personal Trainer Awarded €18.5k for Accident involving Taxi Driver

As he was awarding a personal injury compensation of €18,500 to a personal fitness trainer, Judge Justice Brian O’Callaghan commended the plaintiff for continuing to share workout videos of himself on social media platforms despite suffering injuries in an injury involving a taxi in the Aldi car park in Ennis on June 11, 2017.

Kris Flynn was awarded the compensation for injuries he sustained to his  back, neck and shoulder in the incident that occurred when the taxi driver drove at him. Judge O’Callaghan told Ennis District Court that it was too Mr Flynn’s credit that he continued to promote his business in the aftermath of the accident.

The court was informed that the defendant, taxi driver Michael Maher, had contracted a private investigator employed by the taxi-driver had been able to put together a showreel of Mr Flynn working out at a gym lifting various weights to the court. This was presented to the court by Mr Maher’s insurers.

These video has initially been shown on social media platform and counsel for the defence, Donal O’Rourke BL, advised the judge that these videos cast doubts over the credibility of Mr Flynn. Responding to these accusation Mr Flynn informed the judge that videos in question were filmed before the road traffic accident occurred.

While liability in the case had been admitted, the defendant’s legal team requested that Judge O’Callaghan assess the scale of damages to be awarded to Mr Flynn.

Referring to the videos that were provided to the court, Judge O’Callaghan said there was nothing to suggest that Mr Flynn was concealing anything from the Court. He said The the videos were advertising and didn’t contradict Mr Flynn’s claims. He commented: “Mr Flynn is to be complimented for continuing at his work despite his injuries”.

Referring to the testimony provided to the court by two different doctors. the Judge said that they did so with the knowledge that he had returned to the the gym. Both medical professionals stated that Mr Flynn suffered symptoms to his shoulder/neck complaint and had a traction type injury to his shoulder.

The accident occurred when Mr Maher’s taxi drove towards Mr Flynnat speed in the Aldi car park in Ennis and carried him on the bonnet for 10 metres. Justice O’Callaghan said that these events were “nothing short of disgraceful”.

Mr Maher fled the scene of the accident. However, Mr Flynn recorded his vehicle registration plate after on his mobile phone.

Speaking after the Judge’s ruling, Mr Flynn said: “To exercise it really was the best pain management I could find. I had initially gone to my GP a few days after the incident. (At one stage) my own legal team contacted me saying that the insurance company was aware that I’ve been posting exercise videos and it would probably be better to set everything to private. I disagreed and said I’ve been honest about exercising and also I’m a self employed single father and need to advertise my business.

He added: “I believe honesty is the best policy and I turned down an offer (before court) that would have barely covered my legal costs and opted to go before the judge. I’ve been extremely active my entire life and I’m also educated in the area and was very comfortable with what I can and can’t do. At the second follow-up with my GP he said my level of activity most likely prevented me getting injured worse in the incident.”

€9,000 Awarded to Teenager Incorrectly Accused of Stealing Can of Coca Cola

At the Circuit Civil Court Judge John O’Connor has given his approval for a €9,000 compensation settlement for a teenager who was apprehended at a Tesco store and incorrectly accused of not paying for a can of Coca Cola.

In Court barrister Maeve Cox informed the Judge that Luke Wall (15) was falsely imprisoned in a small room while security reviewed CCTV coverage that recorded the alleged theft on December 30, 2018.

Ms Cox, who was in court with John O’Leary Solicitors, said argued that regardless of the fact that that Luke had told those apprehending him that he had paid for the beverage at the self-service checkout in Tesco, The Square, Tallaght, he had been pulled by the arm and forcibly brought back into the shop.

Following this, she told the court, Luke had been held in a small room with a different security worker while the CCTV had been reviewed and it had been investigated fully if he had paid for the item in question.

Judge O’Connor was informed that Luke, of Brookview Way, Tallaght, Dublin 24 had been put through a mortifying string of events due to defamatory statements having been made against him in front of a friend and a number of other customers in the shop.

Luke, via his father Patrick Wall, had sued Tesco Ireland Ltd and security firm OCS, One Complete Solution, Unit 38 Airways Industrial Estate, Swords Road, Santry,Dublin, for damages for defamation and false imprisonment.

Ms Cox informed the Judge that when Luke had informed his father in the car park about the incident his dad had gone into the Tesco shop and had asked the security man for his name but he had refused to identify himself to him.

She added that the security worker responsible for the incident had told Luke: “Come back in here, you didn’t pay for that item”. He then grabbed hold of him and then dragged him back into Tesco. Five minutes later the guard, having reviewed the security footage, informed the youth: “I see you did pay for the item. I’m sorry I didn’t check the CCTV first.”

Judge O’Connor, as he was approving the €9,000 settlement, said he though that the compensation offer was reasonable given the string of events that transpired – legal costs were also awarded to the defence team.

High Court Action for Smear Test Reporting Negligence Compensation Settled for Terminally Ill Woman

At the High Court a compensation action for a 46-year-old terminally ill mother-of-four in relation to the alleged incorrect reporting of three of her smear tests has been settled.

The case was taken against the US laboratory, Clinical Pathology Laboratories Inc, (CPL) Austin, Texas, Medlab Pathology Ltd with offices at Sandyford, Dublin and the HSE in relation to three separate smears that were taken during 2011, 2012 and 2014 which, it was claimed, were incorrectly reported. Additionally it was alleged that cytological cell changes were allowed to develop and spread unidentified, unmonitored and untreated until the woman was diagnosed with cancer six years ago during 2015. At this point she was diagnosed with cervical cancer in 2015 which recurred during 2020.

Additional claims said that there was a failure to identify precancerous or cancerous cells and that the woman’s constitutional rights were breached by the unacceptable delay in conveying the results of the screening audit to her.

All of these claims were refuted by the defendant and the settlement was approved with no admission of liability. The HSE admitted that the result of the slides review should have been shared with the woman as soon as CervicalCheck was made aware of it.

The plaintiff, who cannot be named by the order of the court, provided her testimony via video link.

Giving her evidence to the court the woman said the current COVID19 pandemic has allowed her more time at home with her children. She said: “Even if we are sitting on the sofa looking at a movie, we are making memories”. In relation to the care that she was given during her illness she said: “Nobody looked after me. I don’t get to see my children grow up”.

She told the Judge that she was confused why she was called back to her specialist’s office following the 2016 internal review by CervicalCheck which upgraded her smear slides from the initial reporting of no abnormality detected. The specialist at that time informed her of the results of the review but reassured her it made no difference to her clinical outcome. She said: “I trusted him I did not question what he told me. Speaking about the external review of her cervical smear slides that showed the number of missed opportunities to properly diagnose her cancer she said that she was sad, angry and dumbfounded.

The woman informed the Judge the remainder of her life will be dedicated to making memories with her children. She said: “Everything is about making memories, I don’t know how much time I have left”.




When after the external review she found out the specialist’s reassurance was incorrect she said she got angry and upset.

“I think of my children and everything we are going through,” she said.

Park Accident Results in €75,000 Injury Compensation for Public Servant

At the High Court  €75,000 in personal injury compensation has been awarded to a s woman who injured her ankle following an incident where she slipped and fell in a car park at the offices where she is employed.

The legal action was taken a Shirley Farrell, who is employed as a public servant, against her employer the Minister for Agriculture and the Marine, and Apelona HSG Ltd, which supplies a facilities manager by the Minister, in relation to the accident that took place at the Backweston premises in Celbridge, Co Kildare, on October 22, 2015.

Mr Justice Max Barrett said that he was of the belief that, on the balance of probability, that Ms Farrell was correct in her opinion that she must have slipped on leaves as she walked to her car when the accident occurred.

When she departed work that evening, there were only around ten employees remaining in the building and no lights outside, the judge told those present.

She slipped and fell because as she was unable to see where she was going. Due to the fact that there was mud on her tights, she told the court that she thought there may have been one or more leaves on the ground that she slipped. The judge said that he was of the opinion that these was consistent with the weather at the time of year that the accident occurred and the mud that was viewable on her tights following the accident. She claimed that the area outside the office and car park were completely unlit when she departed her work on the day in question.

The judge ruled that there was a breach by the defendant, the Minister, in relation to ensuring that Ms Farrell’s place of work and the means of access to and from it is maintained in a safe manner. He ruled that both defendants were guilty of negligence.

Ms Farrell’s ankle injury was dealt with medically using a below-knee plaster cast and crutches and, subsequently, with a medical walking boot and ongoing use of crutches.

She told the Judge that, even after the boot was taken off, she was unable to return to walking for pleasure until approximately May 2016,. At this time she discovered that long-distance walks caused her some pain to the point where they were no longer possible, She was also not able to resume dancing, as she had been doing prior to the accident.

The judge said that he felt her injuries were at the higher end of the scale in relation and termed them moderately severe. He awarded her €75,000 personal injury compensation.

Burger King Accident Compensation of €7,000 Awarded to Boy (12)

A boy from Wexford has been awarded €7,000 in relation to an accident that occurred in a Dublin-based Burger King fast food outlet.

Judge John O’Connor was told, in the Circuit Civil Court, that a toilet door halled fallen off its hinges it hit the young three-year-old boy, and his father, who had been using the facilities in the Burger King Dublin restaurant.

Representing 12-year-old Jamie Mulholland – from Whiterock Drive, Whitebrook, Wexford Town – counsel Barry Browne informed the court that the fallen door the door had knocked Jamie’s father on top of him, injuring him in the process.

Appeared with Bismilla Solicitors Mr Browne advised the judge that Mr Mulholland and his son were seated in a cubicle-shaped area in the Nutgrove Shopping Centre Burger King outlet when the accident occurred in 2012. At the time Jamie three-years old, just two months shy of his fourth birthday celebration. Mr Browne said: “The cubicle door became detached from its hinges and fell on Mr Mulholland causing him to fall on top of his son.”

Mr Browne informed presiding Judge Justice O’Connor that a fast food restaurant compensation settlement offer of €7,000 had been made to Jamie by the OKR Group, operating as Burger King, and he was asking that the court approve the acceptance of the settlement offer.

He added that, even though he was of the opinion that Burger King would debate the allegation that the door in the restaurant had dropped off its hinges, he felt that if the legal action was permitted to proceed to a full trial setting the group would they would argue that the extent of injuries and suffering endured by Jamies. The court was informed that the young boy had experienced intermittent pain in his neck in the aftermath of the accident.

As he was approving the personal injury compensation settlement Judge O’Connor informed the court that he was of the opinion that the offer was a good one and should be accepted by the court.

Hurling Match Injury Leads to School Pay €25,000 Child Injury Compensation

A Co Clare-based primary school has been direct to pay out €25,150 child injury compensation to a young boy who sustained a broken nose as a result of being made to place in a hurling game with no helmet.

Legal representatives for the now 14-year-old Bernard McDonagh, Lorcan Connolly BL, informed the Court that he (Bernard) fracture his nasal bone in a game of hurling, organised by the school where helmets were not given the pupils. Under the rules of the GAA and school procedures helmets must be used by those playing in any organized game of hurling.

Bernard McDonagh of Aughanteeroe, Gort Rd, Ennis was just nine-years-old and attending Clarecastle National School (NS) when the accident occured. The school is to make provision for the payment of the compensation vis their insurance company.

Mr Connolly informed the that the injury was “a fracture but he made a good recovery and two medics described the outcome as excellent. In those circumstances I wouldn’t have a hesitation in recommending the assessment.”

The nose break was one of two personal injury actions taken by Bernard McDonagh through his father, Michael McDonagh and in total, Judge Brian O’Callaghan has ordered the pay-out of €45,268 in damages, fees and expenses to Bernard McDonagh.

Mr Connolly told Judge O’Callaghan that the boy “had a bad couple of months” as he was also involved in a car accident during this time that resulting in presiding Judge O’Callaghan also approving a separate award of €18,000. In the road traffic accident he suffered neck and back injuries. This took place just five months before the hurling accident took place at Clarecastle N.S.

The assessment in each case was made by the Personal Injuries Assessment Board (PIAB) and were before Judge O’Callaghan for approval. Mr Connolly said he was recommending the assessments to which Judge O’Callaghan responded saying: “One could argue that €25,150 might be slightly generous and the other award slightly lower than expected but in the overall context, the court will follow your recommendation.”

The GAA made the wearing of helmets with faceguards compulsory as of January 1, 2010 in a bid fo prevent head injuries from being sustained. This ruling was applicable at every level, age group and grade in the game.

Trainer Barrier Accident Results in €6,000 Personal Injury Compensation Award for Rugby Fan

€6,000 personal injury compensation has been awarded to a rugby fan who experienced a painful bang on his head after a level crossing barrier collided with him.

The incident occurred as he was going towards the Aviva stadium to view a Leinster-Munster match on October 6, 2018. He was walking among a crowd of supporters making their way to watch the derby match.

The man in question, Dublin Fire Brigade paramedic Rod Hayden, took the legal action due the impact of being struck by the descending barrier. Mr Hayden, of Herbert Park, Bray, Co. Wicklow, informed the Judge that he was waiting for the the automatic gates of the Dart crossing at Serpentine Avenue, Ballsbridge, Dublin 4, to rise and open. However, he said in response to a question from William Fitzgerald BL, that he had proceeded when the gates opened but, before he got across the tracks, he felt a bang to his head and he fell to the ground, rolling around in some pain.

The incident left Mr Hayden dizzy but, despite this, he noticed that there were some other people standing on the tracks between the closed barriers. He also was conscious, at the time, that there was a man in a high-visibility jacket at the level crossing. However he was unable to recollect hearing anything specific being said.

Due to the pain he was suffering from he attended his family doctor. he had been suffering from a headache. His doctor informed him that he was experiencing whiplash and prescribed him a course of painkillers. Mr Hayden attended his doctor on two more occasions, until his symptoms had ended by January 2019.

Iarnród Éireann’s legal counsel Brendan Savage asked him (Mr Hayden) if had had seen a warning buzzer or see warning lights. when he proceeded to cross the tracks as the barriers went up. Mr hayden said he did not.

CCTV footage of the accident was shown to the judge. In addition to this expert witness engineer Neil O’Carroll examined the scene later. He informed the Judge that, once the first barrier went up, pedestrians had six seconds before the second one started to come down. However, the crowd moved slower than this. He continued saying that the sound of the signal was also quite low and, while this might be sufficient for everyday use he would not have been loud enougbh in the hustle and bustle of a match-going crowd of people.

Judge Deirdre Gearty said Iarnród Éireann failed in its duty of care and was liable for the injuries Mr Hayden suffered.

Yesterday she delivered her verdict at Dublin District Court yesterday awarded €6,000 plus legal costs, medical and witness expenses to the plaintiff.


Personal Injury Award Award for Woman Who Fell on Muffin in Shop Injury Claim after Woman Slipped on Muffin

A personal injury award was recently approved at the High Court in favour of a woman who claimed that slipping on a muffin in a shop left her invalided.

The slip occurred at McGoldrick’s Londis, Main Street, Dromahair, Co Leitrim n August 23, 2012. Ms  Olivia Harte Lynch, with an address at 46 Skreeney, Manorhamiliton Co Leitrim, alleged that, have trodden on a disregarded muffin on the shop floor she fell and sustained injuries. Shoe took the personal injury compensation claim against shop owners JNF McGoldrick Ltd.

Via her legal counsel Ms Harte Lynch informed the Judge that she “has been rendered an invalid” as a result of the unfortunate incident that tool place eight years ago. She alleged that she landed on her back on the floor of the Londis shop after her legs gave way. It was further claims that the accident occurred as the muffin had been left in a dangerous position for customers and shop staff on the shop floor. Furthermore there neglect on behalf of the shop management as no attempt had been made to clear up the muffin or put warning signs in place.

The shop management denied all of these claims and countered that there was a degree of contributory negligence involved on Ms Harte Lynch’s behalf.  refutes all of these claims and that Ms Harte Lynch’s fall took place due to any negligence on their part. Counsel for representing Londis, Jonathan Kilfeather SC, advised presiding Judge Bernard Barton that there is no question that Ms Harte Lynch slipped and fell in the shop.

Mr Kilfeather went on to say that his client is not alleging that the accident was in any way staged. However, he made reference to the fact the both sides had presented medical testimony that was “diametrically opposed” during the hearing. While the defendants were anxious that the hearing proceed and the case be brought to a close he informed the judge that there was a lack of agreement in relation to the extent of the injuries sustained by Ms Harte Lynch.

The hearing was adjourned a number of weeks before returning and Justice Bernard Barton informed that a settlement agreement had been reached for an undisclosed figure.

Woman Wins €11,000 Personal Injury Compensation for Cork City Fall


€11,000 has been awarded to a woman with a history of unfortunate accidents due to the injuries that she suffered in a fall at the junction of Lagan Grove and Shannon Lawn in Mayfield, Cork on November 13, 2015.

The accident took place at 10.30am on that morning and led to the Ms Elizabeth Butler sustaining injuries to her knee and shoulder of the plaintiff. Barrister James Duggan, on behalf of Cork City Council,asked Ms Butler about previous compensation claims made by her, and other members of her family. He put it to Ms Butler that many of these claims were of a similar nature. 60-year-old Ms Butler replied from the witness box at Cork Circuit Court by asking Mr Duggan: “Did you ever fall, did you?”

Reacting to this, Mr Duggan answered said: “I have stumbled and fallen on occasions and I got up and I said to myself, wasn’t I the eejit not to be looking where I was going.”

Ms Butler also informed the court, during questioning, that she had fallen and injured herself as the “The city is in an awful state” and that the accident was not her fault.

Judge James O’Donoghue was made aware that, including this current legal action, the plaintiff had brought a total of five compensation claims.

Justice O’Donoghue, as he was delivering his judgement, said that “Ms Butler does not help herself by her attitude.” At this point Ms Butler move to interject from the body of the court during the judgement and the Judge advised her to “be careful how you answer me.”

The Judge criticised Ms Butler, informing her that Mr Duggan was obliged to question her in relation to the compensation claims she and her family members had previously sought.

He stated “I do believe you had an accident but you are not helping yourself. Your attitude to Mr Duggan about your family propensity to bring claims left a bit to be desired.”

Justice O’Donoghue approved a personal injury compensation awarded to Ms Butler of €11,000 for the injuries she suffersd in the fall.

Mr Duggan asked if contributory negligence by the plaintiff had been considered. The Judge informed him that he did not due to the condition of the ground where the accident occurred. He said that “the corporation have left themselves open to be sued.”

$10.9bn Roundup Compensation Settlement Agreed by Bayer

Bayer, the German drugs and pesticides maker which purchased Monsanto during 2018, has agreed to pay as much as $10.9bn to settle thousands of US-based legal actions taken in relation to users of weed killer Roundup developing cancer.

Three cases that have already gone to trial are not included in the settlement. $5bn of the settlement is due to be paid before the end of 2020, with the same amount being paid the following year. The settlement will be financed using the the company’s existing free cash flow and the proceeds of the recent sale of its Animal Health business.

This settlement represents around three quarters of the claims taken in relation to Roundup and is the result of talks that have lasted more than one year. The claims, almost 125,000 filed and unfiled, were inherited by Bayer when they purchased Monsanto in 2018.

The allegations that were made by former Roundup users included that glyphosate is to blame for their non-Hodgkin’s lymphoma and other cancers. However, Bayer, denies glyphosate is a carcinogen and this contention is backed up by the U.S. Environmental Protection Agency.

In relation to the settlement Bayer chief executive Werner Baumann commented: “The Roundup settlement is the right action at the right time for Bayer to bring a long period of uncertainty to an end.” The settled cases connected with Roundup use and other glyphosate-based weedkillers account for about 95% of those currently set for trial.

The settlement figure includes $1.25 billion to support another class agreement in relation to possible future litigation and another allowance that makes provision for unresolved claims.

Bayer has consistently denied allegations that Roundup or its active ingredient glyphosate can lead to cancer based on the many years of independent research which say that the product is safe for human use. In April Bayer regained shareholder approval for its handling of the litigation.

Settlement mediator Ken Feinberg revealed that 25,000 claims remain unsettled and, due to this, there will be more trials as cases settle in coming months. He commented: “Bayer wisely decided to settle the litigation rather than roll the dice in American court.”

Monsanto put Roundup on the market during the 1970s. Bayer also said that they will not be adding a cancer warning label on the product.

Healthcare Volunteer Admits Drugging & Sexually Assaulting Teenagers

A Kildare Man, who cannot be identified, has pleaded guilty to oral rape of one boy and abusing another boy during 2018

The 29-year-old man was a member of a voluntary paramedic organisation and was accused of drugging the boys with a strong pain relief medication. In addition to this admitted to arranging a get together with the child with the aim of sexual exploitation and aiding and facilitating the production of child pornography.

The man is due to be sentenced next Wednesday. He has been suspended from his volunteer position since the accusations were initially made. He was also suspended from a nursing course he was studying at the time which included a placement at a National Children’s Hospital.

The Judge was told that, on one occasion, he assaulted a 15-year-old boy by forcing him to use an oxygen mask to inhale the drug before abusing him. On a different occasion he assaulted the boy and allowed him to be filmed with a camera phone.

He was also accused of assaulting another child on May 18th, 2018 at a place in south Dublin and in the Wicklow mountains. As part of his guilty plea he admitted stealing medicinal items, including a vial of Penthrox and a carbon dioxide chamber from Naas racecourse during 2018. Penthrox is an analgesic normally prescribed by medical practitioners, the Defence Forces, ambulance paramedics, sports clubs and surf lifesavers to alleviate the effects of pain. Administration takes place by using a green whistle to inhale the contents of a vial. Penthrox includes an active ingredient known as Methoxyflurane.

In court medical experts said that Penthrox should not be administered to those who are not yet 18 years of age. There was further evidence who show that the accused removed a filter from the device, something that would cause the drug to be four times stronger and lead to cases of memory loss. The Judge was informed that the defendant’s Internet search history included terms like “nitrous oxide side effects”, “Penthrox and knock out”, and “how much Methoxyflurane does it take to knock you out”.

Counsel for the defence, James Dwyer SC, submitted  plea for mitigation on behalf of his client, saying that the individual regrets his actions and the hurt he caused the boys.

$52m Compensation Settlement for Facebook Content Moderators

Following a hearing in San Mateo Superior Court, California, last Friday is was revealed that Facebook have agreed to a preliminary settlement of $52 million to compensate content moderators for the psychological suffering they endured while working on behalf of the social media platform.

This development heralds a landmark move for the rights of content moderators and confirms the great burden that is placed on them as a result of the tasks the jobs involves. As part of the preliminary settlement, Facebook have confirmed that they are putting in place a process to make available extra counselling services for moderators. The content moderators included in this class were employed since 2015 in locations across the United States including California, Arizona, Texas, and Florida.

Before the final approval can be given for the settlement there will be a period of time allowed for class members to consider if the terms of the settlement are acceptable to them. If there are no changes then it is expected that a judge will be able to give final approval before the end of the 2020.

This preliminary settlement is particularly relevant for Facebook content moderators based in Ireland as there is currently a compensation action is submitted to the High Court by a group of content moderators, some of those who were employed by vendor CPL solutions. It was filed as a result of the moderators suffering from ‘psychological trauma” linked unacceptable work conditions and insufficient training to allow them manage with the stressful manner of the duties and the often violent and graphic nature of the material they were expecting to review.

The terms of the proposed settlement state in the US state that every moderator will receive at least $1,000. However, a content moderator can seek additional compensation if they are diagnosed with post-traumatic stress disorder or related conditions. Anyone who is diagnosed with a mental health condition cans claim up to $1,500 more, and people who receive multiple concurrent diagnoses — PTSD and depression, for instance — could be eligible for compensation up to $6,000. Along with the aforementioned compensation, which is intended to be used for medical treatment , moderators with a qualifying diagnosis will be eligible to submit evidence of other injuries they sustained for their time at Facebook and could receive up to $50,000 in damages

In total the preliminary settlement includes 11,250 moderators. Legal representatives in the class action believe that as many as half of them may be eligible for extra pay related to mental health issues associated with their time working for Facebook, including depression and addiction.

The precise amount of the overall compensation paid out to each individual will depend on the number of the members of the class action that apply for benefits. Hence is may be much smaller and it could shrink significantly if the majority of the class is found to be eligible for benefits.

Coleman Legal Partners are representing a number of the Irish-based Facebook Content Moderators. Partner at the firm Dave Coleman said: “The recent developments in some States of the United States are to be welcomed. The acknowledgements from Facebook that seem to be contained in the proposed Settlement are an important first step taken by Facebook in this case.  We hope to see clarity soon with regard to the issue of outsourced workers who carried out commercial content Moderation for Facebook. In the meantime the Irish cases, on behalf of European Commercial Content Moderators continue to be progressed before the Irish Courts and further comment at this time would be inappropriate.”

Facebook issued a statement in relation to the announcement of the preliminary settlement which said: “We are grateful to the people who do this important work to make Facebook a safe environment for everyone. We’re committed to providing them additional support through this settlement and in the future.”






HSE Faces Possible Medical Negligence Actions in relation to COVID-19 Transfers to Care Homes

It has emerged that the Health Service Executive (HSE) may have to deal with multiple medical negligence compensation claims in relation to the transfer of patients from hospitals to nursing homes during the COVID-19 pandemic.

One of the initial steps taken by the HSE, to prepare for the pandemic, was to free up as many hospital beds as possible for the treatment of anyone suffering from the illness. Hospital patients were deemed eligible for transfer to care homes even if they were showing symptoms or had been identified as close contacts of others who were COVID-positive. Due to this nursing home operators have claimed that this directly led nursing homes becoming clusters for the infection occurring and the subsequent deaths of many vulnerable residents,

In Co Louth one nursing home has suffered 23 deaths due to COVID-19. Earlier this week it was revealed that the number of nursing home residents who have died from COVID-19 in Ireland stands at 579.

Last week a HSE representative said: “The Chief Medical Officer (Dr Tony Holohan) reported on Tuesday night that there have been 680 deaths in community residential facilities, of which 530 have been laboratory confirmed. ‘Of these deaths, 579 were in nursing homes, of which 445 have been laboratory confirmed.”

One legal expert, barrister Ciaran Mandal, told online news outlet a family wishing to seek compensation in relation to the death of a relative in a nursing home during the pandemic will need to show that the HSE owed a legal care of duty to that patient. He said: “Without knowing specific circumstances, it is impossible to know whether a relative would have a stateable claim or not”.

Mr Mandal continued: “A Court would take into account that we are in the midst of a global pandemic, and nobody can yet know what failures (in the legal sense) there have been, if any; nor what the implications are of any such failures. But the mere fact alone that a patient has sadly died of COVID-19 does not mean that a relative could successfully sue.”

If you have suffered a loss of a loved one in a nursing home during the COVID-19 pandemic and are interested in seeking compensation due to medical negligence, the smartest thing to do is speak to a legal expert familiar with claims such as these. A legal expert guide you through every step of the process, making it easier for you to cope while coming to terms with the loss of a family member.


€9,500 Awarded to Woman Fired by her Ex-Husband

The Workplace Relations Commission was directed a publican, retailer and post office operator to pay his ex-wife €9,500 for her unfair dismissal from the family business.

The woman was relieved of her position in the family business during June 2019 after an investigation into her ‘top-up’ withdrawals of €1,000 at a time from the business to the couple’s personal joint account.

The woman – who was also a director of the business – took a legal action for unfair dismissal to the Workplace Relations Commission as a result of this.

Ms McElduff told the hearing that the manner of her termination from her position had fallen “far short of the requirements of any fair disciplinary procedure” and added that she was not forewarned that she may be dismissed.

The hearing was told that an independent investigator discovered that, from February 5, 2018, and February 14, 2019, €25,160 was transferred online to the joint personal bank account of the husband and wife in 19 separate transactions.

In addition to this, from August 31, 2017, and November 30, 2018, a total of €30,250 in 29 separate transactions was also lodged into the joint personal bank account of the husband and wife as cash lodgements. The husband said he exercised no control over the joint account.

She was informed, in a letter of dismissal that this was “totally unacceptable”. The complainant told the hearing that she had been advised by an accountant in the company’s accountancy practice that she could top up her wages by withdrawals of €1,000. She added that she was certain that she had transferred the money in a transparent manner.

The married couple split up during September 2017 and the woman has issued judicial separation proceedings.

Presifing WRC adjudication officer Anne McElduff ruled the woman’s claim was well founded.



Compensation Claim Filed Against Aer Lingus in Relation to Passenger Treatment

In the United States an Aer Lingus passenger has filed a legal action after she was allegedly injured in an incident where flight attendants removed her from aeroplane toilet just before take off.

The women in question, American citizen Mary Oshana is claiming that she was forcibly taken to her seat while her pants were still below her knees, exposing her buttocks and genitalia to other passengers. In addition to this she is claiming that she sustained an injury to her hip was injured during the incident.

Ms Oshana, from Skokie, Illinois, submitted her legal action seeking compensation in relation to the Aer Lingus flight crew who behaved “unreasonably, carelessly, and negligently”.

The complaint, which was submitted in District Court for the Northern District of Illinois, stated that the incident occurred shortly before a flight from Chicago to Dublin took off on April 26, 2018. It said that the flight taxied from the departure gate at O’Hare International Airport. However, it came to a halt and remained stopped on the tarmac for around 30 minutes before it taxied on towards the runway for take-off. It was during this time that Ms Oshana decided to leave her seat to go to the toilet.

She claims that about 20 seconds after entering the toilet she became aware that one or more persons were banging on the door, informing her she needed to return to her seat. However, by this stage she was seated on the toilet with her pants down. She informed these people that she would do as they requested “in just a minute”.

The filing states that two Aer Lingus flight attendants “broke through the lavatory door, grabbed the plaintiff under her arms, dragged her to her seat while her pants were below her knees, and threw her with great force into the arm rest and seat. In the process of being thrown with great force into the arm rest and seat, the plaintiff, Mary Oshana, suffered pain and bruising in her hip, thighs and buttocks.

Her lawyers claim the incident falls within the terms of the Montreal Convention, a treaty covering damages for victims of incidents on airlines. Aer Lingus did no comment on the claims.this.”

The court has scheduled a status hearing in early June.


Creche Assault Case Adjourned Until June

A jury in the trial of a childcare worker accused of sexually assaulting four girls in a Leinster crèche has requested additional time to continue deliberations on the outstanding charges in the case.

The jury on Monday failed to reach a number of verdicts, despite acquitted the man on three charges relating to the first girl, and acquitted of both charges in relation to the fourth girl.

However the jury then asked Judge Elma Sheahan for more time to consider the remaining charges against the 29-year-old man, who cannot be named to protect the identity of the children.

The man had pleaded not guilty to 23 counts of sexually assaulting the girls at the crèche on dates between August 2014 and December 2016, when they were aged between five and eight years old. The prosecution alleged the accused man had sexually assaulted the girls, who were all part of a “small circle of friends”.

However, legal representatives for the defence claimed that the case was “marked by its failure to listen to the children” and that the man had been left “utterly devastated” by the false allegations made against him.

In Dublin Circuit Criminal Court yesterday the trial jury informed the presiding Judge that it was could not come to a unanimous verdict in relation to the remaining 18 counts of sexual assault after deliberating for 21 hours and 41 minutes.

Judge Sheahan adjourned the matter to June 16 and thanked the jury for their service while remanding the man on continuing bail,



Child Injury Compensation Award of €55,000 Due to Tree Stump Accident

10-year-old  Diarmuid O’Connor from Knocklyon has been has a €55,000 school camp compensation settlement agreed at the High Court in relation to an accident where he cut his knee on a tree stump when he was left unsupervised at a mid-term camp in Dundrum.

Diarmuid, now 15 years old, was just 10 years of age when the incident took place. He was exploring, with friends, among some bushes during the morning break at the art camp. No one was supervising him at the time. It was during this time that accident took place. He cut his leg quite badly in the incident and presiding Judge Garrett Simon was informed that he (Diarmuid) is now too self conscious about the wound to wear shorts during warm weather.

The claim was settled with the proprietors of the camp Artzone Ltd. The Court was informed that Artzone Ltd was responsible for the operation of art camps during February 19, 2016 when the accident took place. The venue for the camp that Diarmuid was attending was Taney Parish Hall, Dundrum, Dublin.

Diarmuid , the judge was informed, had gone for an unsupervised walk with some of his peers during the break time at the camp. As a group, they entered a region of the camp that was particularly bushy. At this time his fell across a tree stump, cutting his leg severely. Camp staff came to his aid and called an ambulance to bring him for further medical attention. They brought the other young boys away from the camp before the ambulance attended the scene.

Mr Justice Garrett Simons gave his approval for the school camps compensation settlement, saying it was a good settlement as Diarmuid had been left with a scar which clearer had a psychological impact upon him.

Taking the legal action via his mother Jacinta O’Connor, Diarmuid now currently lives at Ashton Avenue, Knocklyon, Dublin,

As a full trial hearing may have had issues relating to supervision, Justice Simons said that he was happy with the agreed settlement.

Catholic Church Facing Compensation Cases in Relation to Illegal Adoptions

The first of many expected compensation claims in relation to illegal adoptions, arranged by the Catholic Church of children born in the Republic of Ireland, has been registered at the High Court. 

148 people are now involved in the cases about the adoptions which involved forging birth certificates and other baptismal records. This number has grown since it was first revealed as 126 by Taoiseach Leo Varadkar 20 months in May 2018. The Taoiseach, speaking at the time, told the Dáil that the disclosures of the adoptions amounted to “another chapter from the very dark history of our country” which had “robbed children – our fellow citizens – of their identity”

The plaintiff in this particular case is well known Belfast actor Patrick FitzSymons, who was born to an unmarried couple in Co Clare in the 1960s. His parents, trying to avoid the stigma of having a child out of wedlock permitted the Catholic church agency St Patrick’s Guild to have him adopted to a married couple in Co Antrim. 

Mr FitzSymons said that his adoptive parents, who are now both deceased had “loved me and provided for me as best they could’ and that his “natural parents, my birth mother in particular, had endured the institutional shaming and disapproval of Ireland at that time to do what she thought to be the right thing”.

During summer 2018, Mr FitzSymons was told by Tusla his births was mistakenly registered between 1946 and 1969 by the Dublin-based St Patrick’s Guild.

He has previously spoken about the emotional suffering of both sets of parents to the incident. He remarked: “My natural parents, my birth mother in particular, had endured the institutional shaming and disapproval of Ireland at that time to do what she thought to be the right thing.”

He also spoke about how he discovered that he was adopted. He said: “My adopted mother and I were forever falling out, partly about religion. She possibly felt she had not properly fulfilled her promise to bring me up as a Catholic – because that had been the only stipulation. Rather cryptically, in a letter, I had written something along the lines ‘if you want to talk to kids you should talk to people who have had kids of their own’. I can’t remember what the context of that was. But one evening I was just having a regular visit with her and she asked if I had ever had the intuition that I was adopted. I just said ‘no’ and she said: ‘There’s something I need to tell you’. Well, the bottom fell out of my world. She said it was only fair that I did know. Perhaps she had been planning to tell me anyway.”

The legal firm handling Mr FitzSymon’s case, Dublin-based Coleman Legal Partners, are handling 25 similar cases, at present, and are expecting that number to grow even more. .

Mr FitzSymons solicitor, Norman Spicer of Coleman Legal Partners. said that the firm is handling a number of cases like this but admitted that there are no plans to apply for a “class action” order because of the complexity of the individual cases.

He said: “There is no provision for the North American-style of ‘class action’ under Irish law. However, a court has discretion to grant an order which may mirror to some extent the other system for a specific case or set of cases. We do not envisage making such an application. These are complex cases involving many different defendants, as a result it is difficult to say how long these cases will take as it depends on all of the parties involved and how quickly responses, replies and motions, and so on, can be turned around. Three years (the estimated time the case will take to process) would not be an unreasonable time frame but this is dependent upon many factors and is really only a ‘ballpark’ estimate.”






School Door Accident Compensation of €10,000 Awarded to Young Girl

A girl from Dublin, who suffered a slightly stunted finger injury after her hand was caught in in a door in her primary school, has been awarded school door accident compensation of €10,000 at Dublin District Court.

The second class pupil took the personal injury compensation action via her mother against Knockmore Junior School, located in Tallaght, in relation to the injuries she sustained in 2017.

The district court was informed that the young girl got her little finger caught in a doorway. In an attempt to settle the case an offer of €10,000 was made. In court medical reports and pictures of the hand injury were provided to Judge Michael Coghlan.

The judge was advised that medical reports indicated the girl’s hand was completely rehabilitated within three months. Her finger was slightly stunted, by 20pc, in comparison the same finger on her other hand,  and there was slight disfigurement in that finger. She experienced pain when getting nails cut had been an issue but this has not subsided in the intervening two and a half years, counsel said.

The judge asked that the girl be brought close to the judge so he could look at her hands. Judge Coghlan said that they were right to bring it to his attention. However, he was not happy it was a major injury deformity and not going to inflict embarrassment.

In relation to it looking different to the same finger on her other hand, he said, it was unlucky it happened. He said: “If you can find a person with identical hands you could put them in the Guinness Book of Records, no one has identical hands.”

Judge Coghlan gave his approval for a €10,000 school injury compensation award. He said that the money was to be paid into court funds on behalf of the girl until she comes of age.

He dismissed an application by her lawyer to make available €500 for immediate payment because her first holy communion was coming up. In addition to this he awarded €1,422 in special damages or expenses.

Facebook & YouTube Moderators Asked to Complete PTSD disclosure

In a somewhat concerning move content moderators for social media platforms, both new hires and existing staff, are being issued with a disclosure statement to complete which states that they are fully aware of the possibility that the content they must view as part of their duties may result in them suffering from post-traumatic stress disorder (PTSD).

It has been reported by both The Financial Times and The Verge that Accenture – a professional services firm which is often used by Google, Facebook and Twitter – issued the forms to existing members of staff as an update and to new hires taking up moderator positions.

Accenture contractors are employed as external outside monitors for social media sites. They are typically given duties including deleting any inappropriate content. In order to accomplish this task they must view and hear disturbing posts of a violent or sexual nature. A normal day’s work would include these moderators considering the inappropriate nature of objectionable materials and looking over hundreds of disturbing images.

“I understand the content I will be reviewing may be disturbing. It is possible that reviewing such content may impact my mental health, and it could even lead to post-traumatic stress disorder (PTSD),” the statement read.

The notices were sent to Accenture employees in the United States and Europe. Accenture operates at least three content moderation offices for Facebook in Europe, including centres in Warsaw, Lisbon and Dublin, where workplace safety rules are some of the most stringent globally and include protections for mental health issues.

This is particularly worrying as it comes at a time when Facebook is preparing to face legal actions from former content moderators in relation to a variety of different mental health issues experienced in California and Ireland.

Reacting to the move made by Accenture, Facebook has issued a statement claiming that it was not asked to approve or review Accenture’s new form. However the statement did say that Facebook partners are required to provide psychological support for content moderators. Google – YouTube’s parent company – also moved to advise the public that it was not given the opportunity to look over the  documents in question and also directs its partners to have in place mental health supports.

The forms were sent to the moderators and included details of support services that are provided by Accenture such as a hotline and a wellness coach. However these services are not managed by professionally trained experts as, according to Accenture they “cannot diagnose or treat mental disorders”.

Accenture issued a statement which said that the health and said the wellbeing of its contractors is was a “top priority”. It also said that only new joiners were being asked to sign the forms, whereas current employees were being sent the form as an update. The statement read: “We regularly update the information we give our people to ensure that they have a clear understanding of the work they do”.

It is of the utmost importance that social media moderators who are in receipt of this form should not sign any form like this without first consulting with a legal representative who is experienced in these matters.

St Patrick’s Day Boy Accident Compensation of €53,000 for Boy Knocked Down in Hit and Run

A boy who was injured in a hit and run accident when he was crossing the road after the St Patrick’s Day parade in Cobh, Co Cork in 2017 has settled his High Court pedestrian accident compensation claim for more a figure just above €53,000.

The boy in question, Daniel Foley, was just a few days short of his seventh birthday when he was flung across the car bonnet and rolled off, landing heavily on the ground and sustaining injuries. The accident took place just after the boy had watched the St Patrick’s day parade in Cobh on March 17, 2017. He had been walking away from the place where he was watching the parade when the accident occurred.

The young boy, nine-year-old Daniel Foley. sustained fractures to his hip, ribs and lower jaw as well as lacerations. In order to receive treatment had to spend four days in hospital away from his family.

Daniel, who live at The Orchard, Rushbrooke Links, Cobh, took the legal action through his father Pat Foley against a Romanian national, who was the owner of the car and the driver a Spanish national along with the MIBI.

It was alleged that the driver did not pay any or any adequate and proper attention to the increased numbers of pedestrians in the area due to the fact that it was St Patrick’s Day and festivities were ongoing in the town of Cobh. In addition to this it was claimed that there had been a failure to appreciate the road and traffic conditions pertaining and to drive in a manner which respected this.

The accident caused the boy to experience severe shock and a loss of consciousness. Those attending to him called an ambulance and he was taken by ambulance to hospital where he remained for four days. For the two weeks following the accident he could not eat anything unless it was in liquid form.

The court was informed that Daniel has made a good recovery.

Mr Justice Kevin Cross approved the settlement of €53,748 against the Motor Insurers Bureau of Ireland (MIBI) as the court heard there was no insurance in place.


Trauma Caused by Viewing Graphic Content leads to Facebook Worker Compensation Claim

50-year-old Dubliner Chris Gray has filed a legal action to the High Court is Dublin, seeking compensation for the trauma and stress he experienced during the 10 months he was employed by CPL Solutions for moderate content for the social media giant.

This action is potentially the first in a number of compensation cases that will be taken against these companies. Solicitor for Mr Gray, Diane Treanor of Coleman Legal Partners in Dublin revealed that the firm has been contacted by content moderators based in Barcelona and Berlin with an interest in joining the legal action.

Mr Chris Gray’s claim informed that he was expected to constantly view a variety of inappropriate content in order to filter out inappropriate content with a 98% accuracy rating. He revealed that the content included footage of event such as “various scenes of people dying in different accidents … set to a musical soundtrack. [Gray] had a long argument with the quality point of contact [a senior role] about whether the music meant that the person posting it was ‘celebrating’ or whether it just counted as disturbing content.”

He added that he was very traumatized and stressed as a result of the content he viewed and his required work targets. Over time he began to have difficulty sleeping and would often awaken in the night due to nightmares or worry that he filed something wrong. He commented: “It took me a year after I left to realise how much I’d been affected by the job. I don’t sleep well, I get in stupid arguments, have trouble focusing.”

Facebook, commenting on the legal action, released a statement which said: “We are committed to providing support for those that review content for Facebook as we recognise that reviewing certain types of content can sometimes be difficult. Everyone who reviews content for Facebook goes through an in-depth, multi-week training program on our Community Standards and has access to extensive psychological support to ensure their wellbeing. This includes 24/7 on-site support with trained practitioners, an on-call service, and access to private healthcare from the first day of employment. We are also employing technical solutions to limit their exposure to graphic material as much as possible. This is an important issue, and we are committed to getting this right.”

Cori Crider is a director of Foxglove, a UK-based not-for-profit group, which is supporting the legal action. She said: “The reason we’ve got involved is that we think that social media factory floors are unsafe and need to be cleared up. In a decade we’re going to look back on this as we did at meat packing plants at the turn of the century. Facebook’s only going to pay attention to things when they know that they’ve got a typhoon bearing down on them. What I’d like to see is the moderators realising how much power they have if they just organise. Because let’s face it, social media as we know it could not exist without the labour people like Chris provide.”




€56,000 Radiator Accident Compensation Awarded to Girl (10)

Just over €56,000 damages in the Circuit Civil Court has been awarded to a 10-year-old girl who suffered a fracture to her left foot when a heavy radiator dropped from off the wall in her school.

Keira Kuts, of Carlough Road, Cabra, Dublin 7, told Judge John O’Connor, through her barrister Eileen McAuley, that the accident had occurred in October 2016 when the girl was only seven.

Appearing with Synnott Lawline Solicitors ,Ms McAuley informed the court that Keira had been with her class in the library of St Catherine’s Senior School, Cabra, when the heavy iron radiator parted from the from the wall and struck Keira heavily on the foot.

Counsel said Keira, who took the school compensation action via her father Roman Kuts, had been rushed taken by car to the accident and emergency department of Temple Street Children’s Hospital.

A team of medic x-rayed her foot and it had been found that a metatarsal bone in her foot had been fractured. Keira had to wear a a cast for four weeks to allow her bone to bone. She then had to use a boot for an additional four weeks. Following a check up appointment in 2018, it was found that her foot was now back to normal having fully rehabilitated. Ms McAuley said the fracture had fully healed and doctors were entirely satisfied there would be no long term effects.

Judge O’Connor approved a school accident compensation offer of €55,000 together with €1,168 special damages for Keira.

€192,000 for Woman Struck by Minibus Wing Mirror

At the High Court €192,000 car accident compensation has been awarded to a woman who was injured when she was hit by the wing mirror of a minibus as she crossed a road.

Ms O’Kelly, a medical representative living in Killester, Dublin, had taken the legal action against Bus Éireann in relation to the accident when she was knocked to the ground at Lough Atalia Road in the Galway harbour area on December 16, 2015.

Ms O’Kelly had informed the court she was crossing the road after 6pm when she saw the minibus just before she was struck on the right shoulder by the wing mirror of the bus which was turning in to the road.

To have her injuries properly treated Ms O’Kelly had to have surgery and don a neck brace for 12 weeks and is left with a scar on her neck.

Bus Éireann accepted liability during the hearing of the case and argued that Ms O’Kelly was also allegedly negligent for the injuries she suffered.

The judge ruled that Bus Éireann driver was “entirely negligent” in that he failed to keep an adequate lookout and did not stay close enough to the left hand side in his own lane and he simply did not see Ms O’Kelly.

Justice O’Hanlon said Ms O’Kelly was lawfully present on the road having taken all correct precautions as she crossed the road. As such he found that no liability was attached to her in relation to the incident.

The judge remarked that there had been “a stark transformation” in Aideen O’Kelly’s working and social life since the accident and the 54-year-old woman’s lifestyle is now “vastly different”.

Ms O’Kelly, she said, was an experienced sailor who took part at a very high competitive level three to four days a week during the sailing season. Sadly she can no longer do so.

The judge said: “Despite her stoicism, her daily living is not of the same quality as it was. She has to put up with imbalance, difficulty reaching items in her kitchen and difficulty in the normal day-to-day tasks.”

In awarding a total of €192,573 car accident compensation, Ms Justice O’Hanlon said while Ms O’Kelly had managed to return to work, she reported a lack of dexterity and feeling in her hands which causes issues putting on jewellery or opening jars.


€108,000 Personal Accident Compensation in Relation to Psychiatric Nurse’s Injuries in Supermarket & Car Crash

Following suffering injuries in a car accident in 2015 and a slip in a supermarket accident just a couple of months later, a retired psychiatric nurse has been award more than €100,000 personal injury compensation.

Damages were assessed at €20,000 in respect of the road traffic incident and over €88,000 in respect of the fall by presiding Judge Ms Justice Miriam O’Regan. Mary Barry of Westcliffe, Ballincollig, Co Cork was awarded €108,000 at the High Court sitting in Cork earlier this week.

Ms Justice O’Regan assessed several aspects of the plaintiff’s claims and her lawyers, Seán Lynch and John O’Mahony, asked for an opportunity to clarify all issues with John Lucey, for the defence.

This award was comprised of €20,000 (plus costs) in respect of the traffic incident on November 25, 2015, at the Kilumney roundabout near Ballincollig and €88,000 (plus costs) for fall at Wilton Shopping Centre on March 2, 2016. The supermarket accident was though to have been caused by yoghurt/ice cream on the floor that had not been cleaned up.

There was no personal injury awards made in relation to plaintiff’s claim for post-traumatic stress arising from the car crash. This claim was made as, she alleged, she was not able to get out of her car for a period following the incident.

“Of total significance in my view is that she has indicated she could not get out of the car but evidence was given that she had gotten out of the car on two occasions prior to the arrival of gardaí. That was completely contrary to the evidence she has given,” commented Ms Justice O’Regan.


RTÉ Documentary Featured Creché Settled €30,000 Compensation Claim with Family of Young Boy

Yesterday, approval was given in the High Court for a €30,000 creche abuse compensation settlement for an eight-year-old boy who attended a creche featured in an RTE exposé on the treatment of pre-school children when he was just a young baby.

Lucas Doyle was only two years old when video of him allegedly being tied down in a chair for a period of two hours at the Giraffe creche, Belarmine, Stepaside, Co Dublin was aired publicly on the RTÉ programme ‘A Breach of Trust’.

The Belarmine Giraffe creche was one of three premises selected by the RTE PrimeTime Investigates exposé on the standard of care provided by pre school services within the State in 2013.

In the High Court the Judge Garret Simons was informed that, ten days prior to the RTE documentary being aired, the producer and cameraman of the documentary went to the boy’s home with footage of the incident. The young boy’s parents were shown the footage from the Belarmine creche which allegedly showed Lucas were tied into chairs and were also being shouted at.

Lucas attended the creche in Belarmine between August 2012 and May 2013, initially when he was 11-and-a-half months’ old until he was a around 1 year and eight months old. He (Lucas), via his mother Aisling Emmet, took the creche abuse compensation action against managing director Simon Dowling and Giraffe Childcare Unlimited Company in relation to the abuse he suffered.

It was claimed in the legal action that the footage showed that Lucas being tied in a chair for two hours on one day. Giraffe Childcare has advised Lucas’s parents that new safeguards had been implemented following the incident that was filmed. Despite this, his parents had sourced different childcare providers and Lucas was reported to have recovered well from any suffering he experienced.

Mr Justice Garrett Simons gave his approval for a child creche negligence compensation settlement of €30,000.

BBC Documentary Reveals Psychological Trauma Suffered by Social Media Moderators

A BBC documentary has unveiled the working conditions and duties leading, and resulting psychological trauma, of social media moderators.

The report covered the professional experiences of Shawn Speaglem who was employed as a Facebook content moderator for a third party company Cognizant, headquartered in Florida in the United States. Despite having signed a non-disclosure agreement, Shawn spoke out on the pictures and images that workers have to review as part of Facebook’s moderation policies and processes.

He stated: “One of my first videos that I remember looking at was two teenagers grabbing an iguana by the tail and they smashed it onto the pavement while a third person was recording it. And the iguana was screaming and the kids just would not stop until the iguana was just pasted on the ground. I’ve seen people put fireworks in a dog’s mouth and duct tape it shut. I’ve seen cannibalism videos, I’ve seen terrorism propaganda videos.”

Shawn informed the documentary producers that he has experienced great stress, weight gain and depression due to the content he had to view as part of his expected duties. He stated: “I felt like I was a zombie in my seat. It really gets to you because I don’t have that bystander syndrome where I’m OK just watching this suffering and not contributing any way to deter it.”

In Ireland, where the European Union headquarters of many social media platforms are based a legal action is currently being formulated in relation to the working condition of a number of moderators. Facebook has faced legal employment actions previously. In September 2018 Selena Scola, a former content moderator with the company filed a legal action against the company in relation to the mental effects of the work. She argued that the viewing of disturbing images and videos lead to her contracting Post Traumatic Stress Disorder (PTSD) during the time that she was working at the Facebook headquarters in California. After she submitted her case two more former Facebook content moderators issued similar claims and, due to this, Facebook may now face a class-action lawsuit in relation to this issue.

Continual and repeated viewing of harmful content is an unfortunate part of the as part a Moderators role. These side effects can lead to psychological injury and traumatic mental suffering to the Moderators over time.

Such traumatic suffering can have a great impact depending on the actual content seen, the provision and availability of proper support mechanisms from employers to help staff to deal with work-related trauma and work targets. The latter refers to the level of work and output that must be completed each day. It is the obligation (duty of care) of the employer to ensure that they run a safe place of work, a safe system of work and to prevent harm to their staff.


Vaginal Mesh labelled ‘Unsafe’ by UK-based Medical Expert

Dr Chris DeArmitt, a specialist chartered chemist who has helped in excess of 9,000 women is have their vaginal mesh compensation legal cases settled, has stated that substance is unsafe to be used in the treatment of incontinence.

Vaginal mesh is, at present,  currently not being used due to suspension in the United Kingdom. This will remain so until the results of an independent safety review are delivered. The study was begun after thousands of women reported harrowing complications. DeArmitt, a leading medical specialist in the UK has appeared upon during court action against producers of vaginal mesh to speak for the prosecutors .

In the United States more than 100,000 people have submitted legal actions as a result of injuries and illnesses that the believe to have been caused by the use of vaginal mesh.

Dr DeArmitt, during an interview with Sky News, said: “There are two main reasons why any plastics material expert will tell you just obviously that this is a bad material and I have never heard anyone who disagrees with me. I see an absolute disregard for proper testing. Testing is way less than you would see on a vacuum cleaner or a washing machine. It’s shocking. I’ve never seen anything like it in my career.”

In Ireland there have some cases submitted in relation to use of vaginal mesh in recent times, particularly in 2017. Legal counsel for a number of women, who began legal actions in 2017 after undergoing the vaginal mesh procedure, said that they (the women) only became conscious of the issue after viewing media reports in the United Kingdom in relation to its use.

The US regulator, the FDA, in 2019 made the sale and distribution of all mesh that was to be used for the treatment of pelvic organ prolapse illegal due to the many safety issues experienced by the general public. In the UK, the National Institute for Care and Excellence (NICE) revealed that it will, once more, be offered as a possible alternative form of treatment for women experiencing various injuries once the ban on using it expires.

A NICE representative stated: “The benefits and risks of each type of treatment are laid out to ensure every woman is fully informed. Where the evidence is limited, this is also highlighted. There are a number of procedures recommended by NICE, including mesh procedures.”

Due to work of a number of campaigners, the use of vaginal mesh has received more and more media attention. Typical pain suffered by  women include chronic pain, not being able to make love, inability to work as usual and walking troubles. These problems arise from vaginal mesh cutting organs or becoming stuck in tissue, leaving permanent nerve damage.




Compensation Claims likely Following Confirmation of Public Service Card Data Breach

It is extremely likely the State will face a barrage of compensation claims following revelations that the gathering of data during the issuing of Public Services Cards (PSC) was illegal.

The Data Protection Commission (DPC) has published a report which found that the storing of information gathered during the application process was illegal, along with the obligation on the general public to have the card in order to avail of the provision of certain State services and benefits.

There are already several civil society groups who have revealed that they are considering submitting a class-action style case. At the time that the card was introduced advocacy groups in including Digital Rights Ireland, the Irish Council for Civil Liberties, the UN’s special rapporteur on extreme poverty, Age Action objected to it.

Following the DPC investigation it was deemed that the operation of the PSC scheme does not comply with the transparency requirements of the data protection acts due to the inadequate nature of information provided, by Department of Social Welfare, to those who were having their data processed. The result of this is that he data held on more than three million card holders must now be deleted and data processing by the Department, rather that the public body providing the service, must be discontinued. These tasks must be completed within the specified timeline or some enforcement measures may be sanctioned against those responsible.

In a statement regarding the investigation the DPC said “Ultimately, we were struck by the extent to which the scheme, as implemented in practice, is far-removed from its original concept,” the DPC said in a statement published on its website.

“Whereas the scheme was conceived as one that would make it easier to access (and deliver) public services, with chip-and-pin type cards being used for actual card-based transactions, the true position is that no public sector body has invested in the technology capable of reading the chip that contains the encrypted elements of the Public Sector Identity dataset. Instead, the card has been reduced to a limited form of photo-ID, for which alternative uses have then had to be found.”

There have been some calls for the Minister for Social Protection Regina Doherty to resign from her position due to the controversy. Sinn Fein have revealed that they are considering tabling a motion of no confidence prior to the Dáil returning from summer recess in September. Reacting to the investigation findings, Minister Doherty said: “We only received the report yesterday. It’s a very comprehensive report. We are going to consider the report and issue a full response as soon as we can.”

The card was launched initially in 2011 in order to assist with the processing of social welfare payments. Following this, it was required for a number of other services including first-time adult passport applicants, replacement of lost, stolen or damaged passports issued prior to January 2005, where the person is resident in the State, citizenship applications, driving test and driver licence appointments.

This does not mean that the PSC is now a redundant form of identification and it will continue to be valid for a range of specific services. Data Protection Commissioner Helen Dixon said: “Any cards that have been issued, their validity is not in question by anything we’ve found in this report,” she said. “They can continue to be used in the context of availing of free travel or availing of benefits that a person is claiming from the department.”

She went on to say that this does not mean that it is impossible to issue a single card, or possibly a national identity card that can be used for all interactions with the state.  She said: “No, we’re not saying that at all. We’re saying that if that’s what’s intended or required, there isn’t a lawful basis [as currently set up]. It can’t be the case that a national identity card automatically offends EU charter fundamental rights or EU data protection law because they exist all around Europe. It is a possibility, by carefully laying down the lawful basis for such a card.”

Ms Dixon has asked the Department to publish the report of the investigation in the Public Services Card.


Giraffe Creche Compensation of €35,000 for Young Girl

€35,000 Giraffe Creche Compensation has been awarded to seven-year-old Emily Martin who was filmed in an RTE documentary on creche mismanagement tied into a chair and left to cry during nap time when she was just 21 months old.

Presiding Judge Simons was that that n 2013 an RTE journalist took up a undercover role at the Giraffe Creche in Stepaside. She was employed as childcare worker and was able to secretly record the daily practices for a duration of six weeks. The footage she captured was broadcast on May 28, 2013 displaying many of the children being badly treated.

Emily Martin, via her father Jonathan Martin, was recorded as part of RTE’s first undercover creche expose. she took the Giraffe Creche Compensation action against Giraffe Childcare and the Health Service Executive (HSE).

The court was told that Emily had been attending the Giraffe Creche at Belarmine Copse, Enniskerry Road, Stepaside, Dublin from the time that she was eight months old. Just after her first birthday she was moved into into the ‘wobbler room’. Her (Emily’s) parent’s informed Judge Simons that they had considered the claims of the creche brochure that the care given was of a ‘premium nature’ before enrolling Emily to attend.

They said that they became extremely distressed upon viewing the RTE Primetime documentary footage. The footage in question showed their child tied to a chair to prevent her from walking. There was more footage of Emily crying while holding her toy horse was she was having difficulty getting to sleep during nap time.

Counsel for Emily and her parents advised the judge that Emily was told to ‘go asleep’ repeatedly and a creche worker threatened to taken the toy horse away from her when she did not. The RTE reporter tried to comfort Emily as she was crying but was directed to ‘leave her cry’. Emily parent’s immediately took her away from the care of the creche upon viewing the documentary footage.

Her parents also told the Judge that, once she was moved into the wobbler room,Emily began to experience trouble sleeping and would regularly often become angry and would shout. After she was taken away from the the creche this behaviour came to an end.

The creche abuse compensation action alleged that Giraffe creche had failed to put in place proper precautions for Emily’s safety, had wrongly restrained children in chairs and had tried to put them to sleep in a cruel way. In addition to this it was claimed that supervision and training of staff it was not conducted properly.

A different claim was taken by the Nolan family against he Health Service Executive, stating that the body had not made sure that the creche complied with all childcare regulations.

A settlement was agreed between all parties involved and Judge Simons said he was happy to approve this Giraffe creche compensation settlement, which included meeting the costs of the legal action.

Garda and Tusla Take Action in Creche Scandal

Tusla, Ireland’s Child Protection Agency, is linking up with the Garda Child Protection Unit at Mountjoy Garda to initiate an official investigation into poor and illegal standards of care at the Hyde & Seek Childcare chain that were uncovered by an RTÉ Investigates documentary that was aired last night.

The Tusla Social Work Unit has obtained, and handed over to the Gardai, a copy of RTE’s secretly filming of what was taking place at the creches operated by the Hyde and Seek company. This videotape includes footage of children being emotionally abused and badly treated staff at the creches included. Some of the breaches of legislation and required standards included:

  • Inadequate staff to children ratios
  • Garda vetting not completed prior to employment starting,
  • Poor food
  • Not enough space allowed between cots where children were sleeping

Gardaí in two Dublin stations are seeking all concerned parents to contact them at Mountjoy Garda Station as they seek to investigate operations at the Hyde and Seek crechés. Concerned parents are asked to contact Mountjoy Garda Station on 01 666 8600.

A group representing parents of the children that attended Hyde & Seek creches revealed their devastation and sorrow at what was revealed in the RTE programme and criticised Tusla for not providing the framework within which regulation breaches could not occur. It read: “Our trust has been betrayed. We call on all parties concerned to immediately address how this happened, and to credibly explain how they will make amends. It appears the current oversight system, even when it detects breaches, is inadequate to ensure the same, similar, or more serious breaches do not occur again.”

In a separate statement released yesterday Tusla 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. We have been proactively addressing areas of non-compliance with regulations in these crèches since 2018.”

Hyde & Seek Childcare, owned and run by Anne and Peter Davy their daughter Siobhan Davy, has four creches across Dublin City catering for children from three months up to 12 years of age. Prior to the documentary being aired Anne Davy was removed by the company from all activity involved the immediate supervision of children.

In a separate enquiry, Gardaí based in Mountjoy are investigating an alleged assault on a young girl at one of the crèches which is thought to have occurred earlier this month. No arrests have yet been made in this case.

Speaking in relation to the worrying revelations uncovered by RTE Investigates, Taoiseach Leo Varadkar said: “I think I speak for everybody in the country when I say that I was really appalled by what we saw on Prime Time in relation to the way that children were treated. And I know that a lot of parents dropping their kids off to crèche or to preschool this morning must have been that little bit more worried or that little bit more nervous than they would be normally.”

Hyde and Seek will be facing a number of official investigations, many of which have already commenced, and possibly soome creché scandal compensation claims.





Wrongful Death Compensation Award of €170,000 for Widow

The widow of pensioner Martin Flannery, who died due to carbon monoxide poisoning has settled a wrongful death compensation action €170,000.

Mr Flannery has gone to check if the petrol generators were switched on to effectively heat a newly constructed building for his niece. The house was being heated in advance of a first fix airtight test.

However, Mr Flannery was discovered unconscious in the house, which was next door to his own hosue in Mayo, in 2015. An official inquest into the death of Martin Flannery (66)  recorded a verdict of accidental death.

At the time the coroner John O’Dwyer said Mr Flannery was merely helping his brother and his niece by checking on the house when the tragic incident occurred. Martin Flannery was found unconscious in a room at the rear of the property and despite efforts to revive him, he was pronounced dead after being taken to hospital.

In the High Court this week Mr Flannery’s widow Eileen, his wife of 42 years , took the wrongful death compensation action against her husband’s niece Laura Costello and her husband Declan Costello also of Kilkeeran, Ballinarobe, Co Mayo in relation to the accident that took place on September 11, 2015.

In the legal action if was claimed there was a failure to have any proper or adequate system of ventilation in place in the building. In addition to this it was claimed the house has been allegedly allowed to become toxic with carbon monoxide fumes and to constitute a serious hazard for those entering the premises. Finally it was also claimed there was an alleged failure to cordon off the house while the generators were in use and until the place had been made safe for those entering the house. The legal representatives for the defence refuted all of these claims.

The High Court was informed that, when the accident occurred, the house was at first fix stage in construction and had an air tight test scheduled for later that day. Prior to that test the house had to be heated and two fan heaters and an oil heater were put in place. These heaters were powered by two petrol generators as electricity had not yet been connected to the house. Both generators had been running for about an hour the night before. They had been powered off overnight.

On  September 11, 2015 the generators were turned and checked on again. Mr Martin Flannery had checked in the generators at 10.30am and was due to check on them again after bringing his wife to the local town. However, when the air tight specialist called to the house to complete the test at approximately 12.30pm he switched off one of the generators.

At this point in time he noticed a strange smell and became dizzy as he went upstairs in the building. Due to this he left the house but when he went back in he found Mr Flannery unconscious in a room at the back. He dragged him (Mr Flannery) outside to try and revive him. However, Mr.Flannery was later pronounced dead in hospital.

Justice Tom Cross approved the €170,000 settlement in the wrongful death compensation.

€40,000 Personal Injury Insurance for Man Injured in Car Accident

A man has been awarded just under €40,000 damages in the Circuit Civil Court in relation to a car accident that occurred as he had been driving to work via the M50 on December 21 2015

Kieran Brennan of Monastery Road, Clondalkin, Dublin 22, told Circuit Court President, Mr Justice Raymond Groarke that he was stopped at the Northwood exit when he was struck from behind by a vehicle driven by Dylan Duffy.

He told his barrister, Fiona Pekaar that he had, a first, sustained shoulder and neck pain but this had soon resolved. Brennan said he had been left with constant lower back pain that had prevented him from taking part in the same standard of active lifestyle he once had, including being unable to participate in a similar amount of marathon running and soccer matches as he had before the accident occurred.

Medical evidence was presented to show that Brennan had a pre-accident degenerative condition. However Judge Groarke said that that condition had not been an issue before the accident and he believed it had been triggered by the M50 incident.

The Judge, in delivering his ruling, said Mr Brennan had been suffering with a bulging disk in his back and although most medical reports had indicated this had not been due to the accident, he could not ignore the report that suggested it had been a one of the outcomes of the accident.

Legal representative for the defendant referred to the fact that Mr Brennan had taken part in the ‘Hell and Back’ adventure race in Bray, Co Wicklow in October 2016 which was a difficult assault course involving various activities and obstacles to be overcome.

However, Judge Groarke said Mr Brennan still participates in a number of marathons and plays soccer once a week and the court did not believe his level of physical activity was at the same level as it had been prior to the accident occurring.

Judge Groarke said he was sympathetic to Mr Brennan and awarded him general damages of €35,000 and special damages of €4,424.82 against Mr Dylan Duffy, however a stay was granted on his award on condition Mr Brennan was paid out  €20,000.

Personal Injury Compensation Award of €30,000 Awarded to Daughter of Man who Died after being Expelled from Pub

€30,000 personal injury compensation High Court settlement has been awarded to the daughter of a man sadly passed away following a heart attack. Prior to suffering from the heart attack he had been thrown out of a late night bar.

The man in question, 39-year-old Paraic O’Donnell with an address at St Finian’s Close, Achill Sound, Achill, Co Mayo, had an underlying health problem before the episode. He had the heart attack as he was being brought to a Garda Station following being expelled from from Cox’s Latebar in Castlebar, Co Mayo, on June 6, 2012 for alleged threatening behaviour.

The man’s daughter, 12-year-old Edel O’Donnell took the legal action through her mother Claire Scahill, against the licensee of Cox’s, two security staff who threw him out ejected him, the Garda Commissioner and the Ministers for Justice and Finance.

Legal counsel for Edel, Conall MacCarthy BL, said it was a very sad and tragic case in which Mr O’Donnell was a patron of the bar and suffered from a chronic underlying condition when he was ejected from the premises and later had a heart attack which he died from.

During the case it was alleged that when he arrived at Castlebar Garda Station, Mr O’Donnell was not responsive. He was then rushed to hospital for treatment but sadly before this could happen he had died.

The licensee argued that reasonable force was used to eject him after Mr O’Donnell had engaged in violent and threatening behaviour towards the security staff.  The State parties denied the claims and said he caused and/or contributed to the matters which gave rise to his death.

The case against Cox’s and the security men was dismissed and the settlement offered was against the gardai and the ministers. Regarding liability legal advice provided was there may possibly be difficulties in proving liability as the licensee was acting within the law when Mr O’Donnell was ejected from the pub. The same issues were also in existence regarding liability against the State parties.

Mr Justice Simons said it was obvious from the case the public house discharged its duty of care and it was unclear what case would have been made against the State parties. He went on to say that he has no hesitation in approving the settlement sum of €30,000 negotiated.


€150,000 Hot Chocolate Ryanair Accident Compensation for Girl (8)

A personal injury compensation claim against Ryanair ,in relation to an eight-year-old girl who sustained second-degree scald burns when a cup of hot chocolate fell on her, has been settled for an approved award of €150,000.

The girl, American Sriya Venkata Neti was on a flight from Rome to Krakow with her parents when the hot liquid and the paper cup slipped on top of her as she took a drink of the hot chocolate.

Taking the legal action through her father Srinivas Neti, Sriya sued Ryanair over the accident that happened on the Rome to Krakow flight on June 25, 2016.

The young girl suffered burns to her thighs and buttocks and as as well as some scarring, the court was informed. Srinivas Neti submitted an affidavit to the court, which said that the scarring has now substantially healed. He also informed the court that his daughter has made a good recovery and the condition of her injuries has greatly improved.

Sriya’s legal representative Hugh Mohan SC told the High Court the little girl suffered serious burns.  A medical report handed in to the court said the hot liquid gathered on the seat causing extreme burning pain and the child’s mother had to release the child from her safety belt on the seat and her clothing had to be removed. Her mother said that daughter’s skin was gone from where the liquid landed and blisters were forming in other places.

When they arrived in Krakow the girl was airlifted to hospital and was then sent to to Toronto, Canada where she spent eight days being treated as an outpatient before returning home to California.

As part of the legal action it was claimed that the failure of the cabin crew to take action lead to the burns suffered being worse than they initially would have been. In particular, it was claimed that there was no efforts made to try and provide any or any appropriate means of cooling the burns. Ryanair refuted the allegations that were made in the legal action.

Presiding Judge Justice Justice Kevin Cross approved the the settlement, telling the Court that it must have been very painful when Sriya was scalded and also pointed to the fact that the young girl has also been left with bad wounds scarring despite making a good recovery to date.


Birth Negligence Compensation Action of €60,000 Heard in High Court

A 15-year-old boy who alleges that he sustained a wound to his face during when his mother giving birth to him via Cesarean Section in 2003 has filed a €60,000 birth injury compensation action against the master of the National Maternity Hospital and Dr Stephen Carroll, the surgeon who operated on his mother.

Through his barrister Mark O’Connell Rory Saunders and his mother Noeleen Saunders, of Silchester Park, Glenageary, informed Circuit Court President Justice Raymond Groarke that his cheek was lacerated during the delivery.

The Cesarean section compensation action was taken, Mr O’Connell told Justice Groarke, due to the consequences of the steps taken at the time of Rory’s birth on September 9, 2003. It is claimed that the scalpel employed in the procedure by Dr Carroll cut Rory’s left cheek. Following the deliverythe wound was cleaned and Steri-Strips were applied.

Rory now has a permanent 2.5cm scar on his cheek, which can be seen when standing close to him. The wound, Judge Groarke was told, is more visible during the summer season. In addition to this, the scar has become a source of stress for Rory due to negative teasing and mocking at school and among his friends.

Dr Carroll, who is a consultant obstetrician and gynaecologist and a specialist in high-risk pregnancies, and the National Maternity Hospital denied the claims in relation to medical negligence. Specialist plastic surgeon Matt McHugh said that he felt that the laceration was not going to improve in the future.

Judge Groarke was provided with the medical reports of two renowned consultants during proceedings and was also informed that a birth injury compensation offer of €25,000 had been made to Rory.

Judge Groarke stated that he was not content with the compensation offer before the court and remarked that one medical report appeared to give “a very blunt view” on the issue. The Judge said that be believed that the specialist in question, who had not seen his colleague’s medical report before giving his opinion, should be asked to further review the other medical report to see if there was any new considerations for him.

The Cesarean section compensation hearing was adjourned to for more time for the medical reports to be considered by all parties.

Man With Brain Injury Who Was Removed from Pub Awarded €3,500 Compensation

A settlement has been agreed to pay €3,500 compensation to a man with a brain tumour who was asked to leave a licensed premises in the mistaken belief that he was drunk.

The man had been in the pub celebrating the conclusion of rehabilitative treatment for a brain injury he had suffered. He was also experiencing a bad limp due to his condition at that time. However, employees in the licensed premises believed this to be a sign that he was drunk  and asked him to leave, despite the man’s best attempts at explaining the reasons for this.

The man, who had legal representation provided by the Irish Human Rights and Equality Commission (IHREC), said that the incident “caused him significant distress and embarrassment.” He submitted the action to the District Court for redress under the auspices of Intoxicating Liquor Act 2003.

Once an apology had been made the matter was settled with the need for a court hearing after the licensed premises agreed to pay the individual €3,500 compensation.

Along with this this, the management of the licensed premises have agreed to  to attending a yearly equality training course. No admission of liability was made.

An IHREC spokesman commented: “In addition, the licensed premises also agreed to provide a policy on treating all customers equally and making reasonable accommodation for customers with disabilities in line with obligations under the Equal Status Acts 2000-2018 and Intoxicating Liquor Act 2003,”

IHREC chief commissioner Emily Logan remarked: “As this case demonstrates, issues arising from brain injury should not mean you risk discrimination when out socialising. It is important that people providing services are trained and supported by employers in understanding the varied needs of their customers.”

Ms Logan went on to say that “the Intoxicating Liquor Act is acting as barrier for people in accessing justice when they face discrimination” as it states that claimants must take their case to the District Court. Ms Logan pleaded for these cases to be heard in the non-court setting of the Workplace Relations Commission going forward.

Repaired Road Accident Compensation Award of €64,000 for Man Following Bike Accident

Joseph Kearney (47), who was inflicted with a serious back injury when his bike slipped on a recently repaired roadway where too much bitumen sealant had been applied, has been awarded €64,000 repaired road compensation at the High Court.

Portlaw, Co Waterford resident Mr Kearney took the repaired road compensation claim against Tipperary County Council, the body charged with the upkeep of the road, and Roadstone Wood Ltd, the business which carried out the repairs on the road in question.

Judge Bronagh O’Hanlon told the High Court that is easy to see that Mr Kearney had experienced significant pain and a loss of the amenities of life due to the accident that happened at Ballinaraha, Kilsheelan, Clonmel, Co Tipperary, on December 26 2011.

Judge O’Hanlon, who ruled that Tipperary Co Council and Roadstone Wood were both at fault in the incident, said that both parties appeared to accept the evidence given by Mr Kearney that there had been poor professionalism shown in relation to the work completed on the road repairs. A similar incident had occurred on another part of the same road and a witness to that accident provided evidence in this case.

Judge O’Hanlon said that that Roadstone Wood had completed the road repair works without making sure it had been finished to the proper standard. She added that Tipperary County Council was also at fault as the accident could have been avoided if corrective steps had been applied following the other accident that occured on the same stretch of road.

The court was told that Mr Kearney’s bike accident happened when he was cycling as part of a group of 17 people, cycling two abreast on the hard shoulder of the road in question. Mr Kearney was wearing his helmet and, as he approached a curve on the road, he fell from his bicycle. Judge O’Hanlon said that she believed Mr Kearney had provided his evidence honestly and did not seek to exaggerate accident or his injuries.

Store Room Accident Compensation Award of €24,000 for Shop Worker

A shop worker has been awarded in excess of €24,000 store room accident compensation against her employer after falling over the open flap of a clothes box in the store that she was working in.

Ms Smiths legal counsel, Barrister John Nolan appearing with Kent Carty Solicitors, told the Circuit Court that Ms Smith had damaged her shoulders and back in the accident that happened in the store during November 2015. His client said that the storeroom at the Vera Moda shop in the Pavilion Shopping Centre, Swords, had been over packed untidily with boxes. Ms Smith (28) said she had been moving stock from a store room when her knee hit off the flap of a box, causing her to suffer a big fall. She was inflicted with injuries to her neck and both shoulders and her back and had a soft tissue injury to her wrist after having made an attempt to break her fall with her hands.

Aisling Smith, of Woodlawn Way, Santry, Dublin 17 was informed by Circuit Court President Mr Justice Raymond Groarke that, due to contributory negligence, he was reducing her personal injury compensation award to just over €19,000 as she had not been maintaining an adequate look-out in the Vera Moda store.

Judge Groarke awarded Ms Smith a total of €22,500 store room compensation but cut the personal injury compensation award to €19,125 due to the aforementioned contributory negligence. He remarked that she had been employed at the store for a long enough period of time that should have seen to it that she was aware of the importance of keeping a proper look-out and been more careful in relation to her own safety.

He said that proof provided by consultant forensic engineer Barry Tennyson, who had completed an examination of the stock room, indicated that the defendant had put a big effort into tidying up the store before the joint engineering inspection. Judge Groarke said the stock room had been kept in a rather messy manner.

Ms Smith told the court that a stock box had been moved out from a safe position against the wall and was left with one of its flaps lying open and causing an obstruction. A store room accident compensation award of €2,000 for loss of earnings was incorporated into her final compensation award.

€52,600 Creche Accident Compensation Awarded For Thigh Bone Break

A nine-year-old boy who broke his leg in a creche accident in 2014 was awarded €52,600 creche accident compensation against its the owners of the childcare centre.

Legal representative for the boy’s family, Barrister Ronan Quinn told the court that Cillian Geraghty was with a group of children who were brought to the bathroom to use the facilities on September 17, 2013, just days in the aftermath of his fourth birthday.

Mr Quinn, who was representing for Ms Andrea Geraghty and her Cillian, was appearing in court along with Joe Clancy Solicitors and advised the court that Cillian broke a thigh bone after a fall and was restricted in his movement for a number of weeks. He had to stay home from school in a right hip spica cast. Andrea informed Circuit Court President Mr Justice Raymond Groarke that a light was switched off and on, without any warning, which startled Cillian and he fell in the bathroom at the creche.

Cillian was brought to Crumlin Hospital on the day of the accident for treatment. Medical staff at the children’s hospital chose to keep the boy in overnight before he underwent surgery the next day.

Mr Quinn told Judge Groarke that, following initial examinations and care, Dr Paula Kelly, consultant orthopaedic foot and ankle surgeon at the Beacon Consultants Clinic, Sandyford, Dublin, noted a 0.5mm length discrepancy between Cillian’s right leg and his left. However she said that this condition had resolved  itself when she reviewed in during later examinations.

Ms Geraghty informed the court, via an affidavit, that the Personal Injuries Assessment Board (PAIB) had said a creche accident compensation award of €32,000 would be standard for an injury such as the one Cillian suffered. However, she was not satisfied with this. Additional settlement negotiations were conducted between all parties involved and RSA Insurance, who were representing the creche. Following this a new compensation offer of €50,000.

Ms Gerathy told Judge Groarke that the family had also had to repay a sum of €2,000 to their private health insurers.

Judge Groarke, who said he was satisfied from Ms Geraghty’s assurances to the court that Cillian had returned to full health after the accident. He approved the creche accident compensation settlement terms of €52,600.

Trauma Injury Compensation Settlement of €20,000 for 5-year-old Boy Who Witnessed Mother Glass Panel Injury Approved

A five-year-old boy has been awarded psychiatric injury compensation of €20,000 after he witnessed his mother being seriously injured and covered in blood after she walked into a pane of glass when he was just 15-months-old.

Legal Counsel for the boy, Jude Johnson-Rice told the Circuit Civil Court that in December 2014 the boy was at Terenure College Rugby Football Club with his mother, Jill, when he saw his mother’s injuries after she mistakenly walked into a clear glass pane that did not have adequate indications or warnings.

Despite not witnessing the accident or the glass shattering, Jude had been extremely distressed by seeing his mother covered in blood following the accident. The defendants, Panda Play Café Limited and Terenure College Rugby Football Club, had already agreed a personal injury compensation settlement with the Jude’s claim and had offered a compensation settlement of €20,000 to the five-year-old boy.

Legal Counsel for the rugby club had made a full defence in which it had claimed that the child had not sustained any recognised psychiatric injury. In addition to this they argued that the mother had waited for two years after the incident to take the child in question for medical treatment despite claiming that her son had remained very nervous and anxious for six months after the incident.

Following some correspondence between both legal teams, the family solicitor John Murphy told them after they denied liability that they could incur further serious costs arising out of inspections and the provision of cctv footage.  Following a settlement meeting an offer of had been made.

Judge Garavan, who said that while there was no recognised psychiatric illness diagnosed, nonetheless there were many cases that came before the court that did not measure up to post traumatic stress disorder. He approved the offer.

Garda Work Injury Compensation Award of €38,000 for Assault while on Duty

A €38,500 attack at work compensation award has been approved for a garda who was knocked out in a savage attack by a gang of thugs and left with significant injuries.

At the High Court today Judge Justice Tony O’Connor was informed that Detective Garda Brian Dunne was able to save a dislodged tooth by pushing it back up into his gum after he regained consciousness following the attack.

Garda Dunne told the Judge he will always carry the the pain of pushing his upper right front tooth back into his gum socket with him. He added that he was told by a dental consultant that this course of action saved his tooth.

The High Court was told that that attack happened prior to Christmas 2006 when the uniformed community garda, who was working out of Ballymun Garda Station, had been attacked by a group of six young men as they were going to a party.

Judge O’Connor said that the group in question could only be labelled as ‘thugs’ who had carried out a savage assault on Garda Dunne. The judge was told that the garda had been punched, pushed to the ground, and had a bottle smashed into his face. After this he had been kicked repeatedly in the head and body until he eventually was knocked out.

Co-workers of Detective Garda Dunne rushed to the scene and then brought him to the Mater Hospital by ambulance. Here he had his injuries treated. Garda Dunne stated: “I suffered a very bad gash to my mouth and to the back of my head and I learned that some of my teeth had been pushed backwards. At the scene when I recovered I had pushed a dislodged front tooth back into my gum. Another one of my teeth had been broken.”

He informed the court his underwent a procedure that included four stitches to one side of his mouth and five to the opposite side. On the interior of his mouth he had 14 stitches inserted. The gash on the back of his head had been repaired using glue.

In relation to the pain that he experienced, Detective Garda Dunne said his teeth had been very painful and he had to undergo root canal work. In addition to this, his body was bruised and he had a shoulder injury. After this  he was required to attend review appointments over the course of the following five years. These reviews indicated that that the dislodged tooth had never fully recovered its original position after the assault.

Garda Dunner informed the Court that he had missed work for about six weeks following the attack. He said that he went back to work very quickly as he was due for promotion to detective. He now believes he had probably returned to work ‘too early’.

Legal counsel for the Minister for Public Expenditure and Reform barrister Joseph O’Sullivan was told by Detective Garda Dunne that he resumed full duties within three months of the incident occurring. His recovery has been good and he has is once again playing football for his local club, though he still suffers from an occasional niggle him while exerting himself physically.

Settlement Agreed in Fall in Marks and Spencer Compensation Action

A supermarket accident compensation case has been settled in the High Court between Marks and Spencer (Ireland) and a women who alleges that she fractured her leg when a Marks and Spencer employee collided with her while coming off a step ladder.

Loretta McSherry (64) from Cremore,Templeogue, Dublin informed the High Court that she was shopping in the Marks and Spencer store at Dundrum Shopping Centre for some ready-made meals when the accident occurred. Ms McSherry said was moving through the bakery section the accident happened.

Mc McSherry stated: “I looked at some scones but thought they looked stale and decided not to buy. I gave the step ladder a wide berth, I was not aware of anybody on the ladder. I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward.”

Ms McSherry told the Judge that the pain she felt following the accident was the worst she had ever experienced and left her writhing on the ground. The medical professionals that  treated her said that she had fractured her thigh bone in a manner consistent with a high speed vehicle accident.

Ms McSherry, who works as an IT systems analyst, had submitted the personal injury compensation action against Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin in relation to the accident that occurred on January 4, 2014 at the Dundrum Shopping Centre outlet.

She claimed that Mark and Spencer employees had not made sure that the shopping aisle was safe for customers and that there was an alleged failure to guarantee her safety. She added that a Marks and Spencer employee was allegedly permitted to use a step ladder for restocking without any assistance in doing so. Finally, she said there was a failure to cordon off or stop customers from coming too close to the step ladder.

Marks and Spencer denied the claims and contended there was contributory negligence on Ms McSherry’s part for allegedly failing pay adequate attention to the area that she was shopping in.


Family of Murdered Garda Awarded €1.3m Personal Injury Compensation

The family of a Garda who was murdered while on duty has been awarded €1.3million personal injury compensation in a legal action taken against the State in relation to his death.

Garda Caroline Deloughrey, the widow of deceased Garda Adrian Donohoe who was shot dead five years ago while on armed escort duty, took the legal action against the Minister for Public Expenditure and Reform. Ms Deloughrey has retired on health grounds from the force since the death of her husband.

Mr Justice Michael Twomey, who presides over Garda Compensation matters in the High Court, was asked to give his approval to the negotiated settlement due to involvement in the legal actions of Garda Donohoe’s son and daughter who are now aged 11 and 12.

Ms Deloughrey, a native of Co Clare, told the Court that she met her husband when the were training at the Garda Training Collegein Co Tipperary. Both of them had been working within the Garda National Immigration Bureau based in Dundalk Garda Station. Her husband had been on armed escort duty with a colleague at Lordship Credit Union, Bellurgan, Co Louth, on January 25, 2013 when he was fatally shot.

Ms Deloughrey and her children were legally represented by former Attorney General Eoghan Fitzsimons SC and Barrister Eamonn M J Coffey, who appeared with the family solicitors James McGuill and Company.

Judge Twomey was informed that a settlement of  €970,000 had been agreed by the legal representatives of Garda Donohoe’s surviving family members for Ms Deloughrey with the remainder of the award being split almost equally between her two children, but slightly in favour of the younger child.

The Judge was told that the Minister had agreed that the formula of division of the overall personal injury compensation award was acceptable to the State. The children’s shares of the award are to be lodged in court funds until they are 18 years old and Ms Deloughrey will receive her €970,000 compensation award as soon as possible.

Student Settles Injury at Work Compensation following Hot Oil Accident

A student who took an injury at work compensation against the Chinese takeaway he worked in has settled his High Court action. The young man was burned by hot oil when he unknowingly sat on a bucket of freshly discarded bucket of it.

Umesh Maharjan, a fine arts student sustained devastating injuries when the oil splashed on his back and arm, the court was told. He was in significant pain and has been left with “grossly disfiguring” scars and wounds.

Originally from Kathmandu in Nepal, Mr Maharjan was employed in the Rathnew Chinese Takeaway in Wicklow to help fund his studies in Ireland. The 29-year-old Mr Maharjan, who has an address at Dock Road, Limerick, took his injury at work compensation action against Rathnew Restaurant and Takeaway Ltd due the accident that took place  on August 21, 2015.

His legal representative for Mr Maharjan, Declan Doyle SC, said he was taking a break at the rear of the takeaway where plastic buckets were stored. Another member of staff had placed hot cooking oil from a deep-fat fryer in a bucket there and when Mr Maharjan sat upon it, the lid shifted and he fell backwards when the oil spilled over his back and left arm.

Mr Maharjan sustained life-changing injuries and had significant burns. Co-workers assisted him and applied water to the areas of his body that were burned. He was then taken to hospital.

Presiding Judge, Justice Michael Hanna was informed the issue of liability had been withdrawn in the case and it was before the court for assessment of damages only.

Mr Doyle SC told that Judge that, following talks between all relevant parties yesterday, the case had been settled and could be dismissed.