Category: Injury Compensation for Children

When you are claiming compensation for children, the process for making a claim is much different. Acting as a “next friend”, a parent or guardian must claim injury compensation for children on the child´s behalf. This requires approval from a court – who must also approve any settlement of injury compensation for children – and you cannot apply for an assessment of injury compensation for children over the Internet. It has to be done on a hard copy and submitted through the post. For more information on injury compensation for children, you are invited to call our Solicitors Advisory Panel and speak directly with an experienced Irish solicitor.

WRC Awards €5k to Autistic Boy Who Was Told not to Eat Toast in his School Taxi

An autistic teenager who was stopped from eating toast in his taxi to school has been awarded €5,000 from Bus Eireann by The Workplace Relations Commission (WRC).

The WRC ruled that the company had discriminated against the 16-year-old on the grounds of his disability. As a result of this Adjudication officer Gerry Rooney ordered Bus Eireann to pay €5,000 to the boy. Additionally he directed the operator to make contact with his family without delay.

It was explained to the WRC, in a submission from the boy’s parents, that their son’s dietary requirements meant that he would eat his breakfast of a slice of toast, a banana and fruit juice in the taxi while travelling to school. They added that any changes in the teen’s routine could cause difficulty and serious issues for his development. Bus Eireann denied that it discriminated against the boy.

Bus Eireann contracted a taxi driver from 2015 to transport him to a special needs school. The routine of the teen eating his breakfast in transit was accommodated without no issue. However, on January 27, 2017, the then taxi driver advised the boy and his family that he was buying a new car worth €60,000 and asked that the boy no longer consumed his toast in it.

When advised of this the boy’s father told the taxi driver that such a change would be very distressing change to his teenager’s routine. At this point the parents’ offered to buy the taxi driver a cordless vacuum cleaner but he (the taxi driver) maintained his opposition despite and told the parent that it was a Bus Eireann policy for pupils not to eat on school transport. He said that this was due to health and safety issues.

In response to this the parents communicated Bus Eireann and were ad ised by an inspector that the taxi driver was being reasonable. The inspector advised the parents that the boy would be affored one week to stop eating the toast in the taxi.

In his findings, Adjudicator for the WRC Mr Rooney said: “There was no evidence provided that when the complainant was being reasonably accommodated previously that any soiling of the taxi occurred, or if soiling had occurred in the past that it presented an unreasonable cost to the taxi driver, or the respondent.”

15-year-old Woodwork Student Awarded €42,500 Class Finger Injury

A €42,500 School Classroom Injury Compensation award has been made to a teenage boy who cut his finger on a saw during a woodwork class.

The student, Robin Reinplu who is now aged 17, took the legal action against Arklow CBS in Co. Wicklow, following the classroom accident that occurred on January 13, 2016.

Mr Reinplu’s legal representative Michael Byrne SC, said Robin had been using a band saw to cut a piece of wood when he was shoved by another student in the class. Mr Byrne advised the Court that Robin’s finger was cut by the blade of the saw.

Robin, from The Drive, Meadowvale, Arklow, was brought to his family doctor, who referred him for further treatment to to Crumlin Children’s Hospital in Dublin. The injuries he sustained included a two to three centimetre cut on his index finger, and a fracture of his finger tip. Following surgery to repair his nail bed he was left with a six centimetre scar.

After the surgery, Robin was absent school for a number of weeks and underwent a course of hand therapy and, following further review, it was found that he was experiencing a loss of sensation and grip, and a difficulty playing basketball. Additionally, the scar became painful in cold weather, the court was told. 

Taking the legal action through his through his father, Reimo Reinplu, it was claimed that the school was negligent in not taking any safety precautions and did not maintain adequate supervision in the classroom. Due to this Robin was not prevented from being ‘jokingly’ knocked into by a classmate. Along with this the guard on the saw should have been set at a level which would have prevented the boy’s injury.

The case was taken against Edmund Rice Schools Trust, the owner and operator of the CBS school, who denied liability in the matter. 

Judge Kevin Cross approved the offer of €42,500 for school classroom injury compensation.

Toddler Awarded €1,500 Over Accident That Killed Sister Before He Was Born

A 23-months-old child, who had not been conceived when his older sister was died in a hit-and-run accident in Dublin’s Phoenix Park on April 6, 2015, was Tuesday awarded €1,500 personal injury compensation for her death.

One year and 47 days after his sister Vanessa died, Marcel Siatka was born on May 24, 2016.

Representing the Siatka family, Barrister Conor Kearney advised Judge Terence O’Sullivan in the Circuit Civil Court that the Injuries Board had assessed damages of €42,777 to be split between between Vanessa’s surviving family and to incorporate the cost of her funeral.

Mr Kearney said the Injuries Board had not, in its final assessment, took into account compensation for Marcel as he had not been born when the accident occurred.

Judge O’Sullivan heard that, in line with the Civil Liability Act, Mr Siatka had taken a claim on behalf of members of his family, including Marcel.  Mr Siatka, resident at Brandon Square, Waterville, Blanchardstown, Dublin 15, said Vanessa had a brother born more than a year after her death, who was not taken into account in the final assessment.

Mr Kearney referred to the fact that the court had to approve the assessment and the parents had stated they had no difficulty for compensation, as decided by the court, being shared with Marcel. Judge O’Sullivan said it was not a nice duty to split money between family members but he was of the belief that it was appropriate to mark the fact that Marcel would undoubtedly ask questions about his sister in future and would encounter some grief in relation to her death.

He said the €6,000 allocated to the three grandparents should be reduced to €1,500 each so as to allow for Marcel also receiving €1,500 and he directed that Marcel’s money be paid into court to his future benefit.  He offered the court’s sympathy with the family.

€30k Bowling Alley Injury Compensation Settlement for Boy who Injured his finger as a Toddler

A boy, now aged eight-years-old, who hurt his finger as a toddler when he was holding a bowling ball has settled his bowling alley injury compensation action for €30,000 at the High Court.

The boy, Kaylum Devitt now has a permanent 2cm scar on his right index finger. The bowling ball finger injury compensation settlement was agreed with a full denial of liability, the court heard.

Taking the compensation action though his Mother Natalie, Kaylum Devitt, of Buirg an Ri, Balgaddy, Lucan, Co Dublin, sued XL Bowl Limited trading as Superdome, Kennelsfort Road, Palmerstown, Dublin, due to the accident that occurred on March 18 2012.

In the High Court it was claimed the young boy’s right index finger was lacerated by a bowling ball and he sustained a fracture to the finger and had to have a surgical procedure to treat it.

Additionally, there was also an alleged failure to take any or any adequate precautions for the safety of the child. It was claimed that the bowling ball was allowed to be remain a danger or hazard on the premises. Counsel for Mr Devitt also stated that there was an alleged failure to provide appropriate children’s equipment in circumstances as the bowling alley was safe for children.

XL Bowl denied  the claims were and said it would be argued in court the toddler was not being properly supervised at the time of the incident.

Philip Sheahan SC, representing Kaylum, told the court the little boy was in the bowling alley with his family and that there may be two opposing accounts of what happened and a claim that people were distracted elsewhere at the time that the accident happened.

Mr Justice Anthony Barr, who examined the scar, said the settlement was for an appropriate sum given the extent of the injuries suffered by the young boy.

Playground Accident at Bettystown Caravan Park Results in €975,000 Settlement

A man, now aged 20, who was paralysed from the waist down after falling off a small child’s playground swing in a Bettystown. The judge, referring to the incident as a ‘silly act’ has approved a €975,000 personal injury settlement in relation to the accident.

Liam Daly (20) sustained suffered thea serious spine injury on July 24, 2013. when he fell and landed heavily on his back. Liam fell from the playground swing, designed for toddlers and young children, in the caravan park in Bettystown where the family’s mobile home was located.

John Daly, father of Liam Daly, Nephin Road, Dublin 7, took the compensation claim for the playground accident against Lynch’s Caravan Park, Bettystown.

Bruce Antoniotti SC, legal counsel for Mr Daly, told the court that the Daly family had been holidaying at the caravan park for 10 years with no incident prior to the accident occurring. It was claimed that the cradle seat of the swing rotated to the most extreme arc position and Liam was thrown in the air. Mr Antoiniotti stated that there was not enough done to prevent teenagers form using the swings. The Lynch’s denied these claims as and did not argued that there was contributory negligence as the plaintiff got on a swing which was designed for younger  and smaller children.

He sat on the cradle of the swing in question but, as he swung, he fell back and sustained a very serious spinal injury. Counsel for Mr Daly said that the protective cover on the ground was not ‘state of the art’ but accepted that this was irrelevant as it would not have restricted the injuries suffered by him.

He (Liam) is now wheelchair bound. Despite his injuries Mr Daly has learned to drive a car and is looking for job.

In approving the playground accident compensation settlement Mr Justice Cross Mr Daly was just aged 15 at the time of the accident and the injuries he suffered were the result of a ‘silly act’.

Toxic Chemical Personal Injuries Lead to Death of Air Corps Members’ Children According to Whistleblower Allegations

A protected disclosure alleging that children of Air Corps workers lost their lives due to toxic chemical personal injury at Baldonnel Airfield has been made by a Defence Forces whistleblower.

Previously in 2017 a document was published to the public in which a worker employed by the Defence Forces claimed to have proof of the “the untimely deaths of at least 20 adults…of which I believe died of illness related to unprotected chemical exposure”.

Included in this dossier were evidence that the death of a newborn girl happened due to ventricular septal defect (heart defect), a five year old boy died while having surgery to address a ‘malrotated intestine’ and a girl aged 15 died after contracting Ewing’s sarcoma, a form of cancer and her father is suffering from leukaemia at present.

There have been claims made about the effects of chemical exposure on the wives of members of the defence forces. A mechanic, who previously worked with the Air Corps, noticed that a number of these women had experienced more than one miscarriages and in one particular case, a woman had eight consecutive miscarriages. An independent third party, former civil servant Christopher O’Toole, was appointed by the Minister for Defence in 2016, to investigate the allegations

Leader of Fianna Fáil Mr Micheál Martin said he believes a Commission of Investigation is now necessary. He stated “The situation is far from satisfactory because with his opening comments the report’s author is essentially saying he cannot fulfill the terms of reference. From the Government’s point of view they established this review, they must have known the terms of reference could not be fulfilled. It’s farcical.”

Although the Health and Safety Authority (HSA) have advised that procedures into risk assessment need to be reviewed, a whistleblower has said that these steps are “too little, too late”,especially in the case of those who have lost family members or who have developed life-changing illnesses and injuries.

There have been allegations issued that these deaths are due to organizational failure on the part of the Defence Forces which meant that Air Corps personnel were exposed to toxic chemicals. The Defence Forces are now facing Toxic Chemical Personal Injuries compensation actions by some former employees. The Defence Forces have released a statement stating, “Given these matters are subject to litigation, it would be inappropriate to comment further.”

 

 

Personal Injury Compensation of €1,000 Offered for Charleville Show Assault

Judge Seán Ó Donnabháin judge issued a stark warning to a teenager accused of breaking another youth’s jaw in an assault that has resulted in an order to pay €1,000 personal injury compensation.

After no offer of compensation was made at the court heaing last week, Judge Ó Donnabháin advised the accused youth that he would want to “wakey wakey” in terms of compensation.

The youth returned to court yesterday and there was €1,000 offered by way of personal injury compensation according to Legal Counsel for the defendant, Dermot Sheehan. Subsequently the judge adjourned sentencing until November 20 with the accused remanded on bail.

The assault took place at Charleville Show on June 26, 2016 when one young man headbutted the victim to the left side of his jaw and walked away. He, (the defendant) then approached the victim and struck him with a closed fist on the same side of his face. As a result of this the victim suffered a serious injury to his jaw. In the treatment that followed he had to have two plates and splints inserted into his jaw and he also lost some teeth.

Mr Sheehan advised the Court that said the accused, who is not named as he is a juvenile, suffers from health issues. Having read the report produced Judge Ó Donnabháin commented that: “He has not got health issues, he has behavioural issues.”

At the original hearing last week, the judge believed that it was unreasonable for the accused to appear before Cork Circuit Criminal Court with no compensation offer prepared.

Cost of Compensation Claims taken Against the State Increase to €2.2bn

Following another busy year for personal injury claims the overall amount of money paid out in compensation claims against the State increased by almost a fifth to €2.2 billion by the end of 2016.

In a report released by the State Claims Agency at the end of September there is more evidence that the cost of the compensation claims taken against the State has continued to increase. The State Claims Agency is the body is responsible for managing legal cases brought against the State.

By the end of last year the approximate cost of outstanding compensation actions against the State had grown by €400m to €2.2 billion, an increase of 22 per cent, during the 12 months of 2016.

Notable Increases Shown in Stage Claims Agency Release

  • 8,900 legal compensation actions were classified as pending against the State at the end of 2016. This figure was just 6,000 in 2011.
  • A 24% increase, from the 2015 figures, in legal actions was experienced.
  • There were approximately 2,300 legal actions against the State during 2016..

Other reasons for the increase include a recent Supreme Court ruling. This ruling stated that compensation sums paid to anyone who successfully sues for damages should be higher as the returns on the cash they are due to receive have fallen. This resulted in increased amounts awarded in compensation.

The State Claims Agency, established in 2001 handles personal injury, clinical negligence and property damage claims taken against State bodies. It is part of the National Treasury Management Agency (NTMA).

The NTMA is responsible for the National Assets Management Agency (Nama) and New Era, which oversees commercial State companies.

Compensation Settlement of €25,000 Aprroved Following Fall in Tayto Park

An injury compensation claim, resulting from a boy (8) falling from a playground tower at Tayto Park in 2012, has been settled for €25,000 in the High Court.

Now aged 13, Conor Bolger of Briarfield Road, Kilbarrack, sued Ashbourne Visitor Centre Ltd, Co Meath trading as Tayto Park, through his father Brian Bolger due the the injuries he suffered in the incident on March 25, 2012. Conor had to undergo surgery to have pins inserted in his lower arm which he fractured near his elbow

Mr Bolger’s Legal team argued that the playground tower was overcrowded and Conor fell due to this. Additionally, they said, the area on the ground surrounding the tower, one of the main attractions in the park at the time of the incident, was not adequately covered by protective wood chips when the fall occurred. It was also alleged that there was not a sufficient system of constant inspections and safety checks implemented at Tayto Park at the time of the incident. Had this been in place it would have been seen that the protection was not adequate at prior to the fall.

He (Conor) fractured his left elbow as a result in the fall and had his elbow was in a cast for a month. Pins were inserted below his elbow during an operation.

David McGrath SC stated that Ashbourne Visitor Centre (Tayto Park) denied the claims and argued that Mr Bolger was climbing the playground tower when he simply “just fell”. Mr McGrath SC claimed that there was no inadequacy with the structure of the tower itself.  Despite this Counsel advised the High Court that the Bolger family were satisfied with proposed settlement of €25,000 for playground accident compensation.

High Court Justice Kevin Cross approved the proposed compensation settlement, commenting that the scar on Mr Bolger’s elbow was not “too upsetting” and that Conor, a basketball player, could have had his enjoyment of the sport damaged due to the injuries experienced.

Man Sentenced for Historic Child Abuse

A man from County Clare has been given a suspended prison sentence of fifteen months for the historic child abuse of a fourteen-year-old boy in 1976.

The incident occurred in June 1976 at a campsite outside of Cheekpoint – a small village on the River Suir, approximately twelve kilometres outside of Waterford. The victim was one of a small group of teenage boys that had arrived in Waterford earlier in the day and been taken to the campsite by their scout leader.

Later that evening, the scout leader – who cannot be named as it would identify the victim – beckoned to the fourteen-year-old boy to come closer to his tent and, as the boy approached, he was pulled inside of the tent. The scout leader then started tickling him and touching him inappropriately. The boy did not report the historic child abuse until 2013.

When questioned by the gardaí, the former scout leader – who is now 73 years of age and lives in County Clare – admitted that he might have touched the boy inappropriately and was charged with historic child abuse. He subsequently resigned from UCC´s Board of Management and was placed on the sexual offenders list. He also paid his victim more than €7,500 compensation.

At the sentencing hearing at Waterford Circuit Criminal Court, Judge Eugene O´Kelly heard the offender describe the event as “an isolated incident from many years ago” for which he was extremely sorry. The judge was also told the former scout leader had no former convictions and – due to being placed on the sexual offenders list – no longer has access to his grandchildren.

The court was also read a victim impact statement in which it was claimed the victim – now 54 years of age – had suffered nightmares as a result of the historic child abuse and, later in life, had drunk heavily – causing his business to suffer as a result. The victim´s legal representative told the court he has been taking anti-depressants for the past twenty-eight years.

Judge O´Kelly initially sentenced the former scout leader to twenty months in prison – reducing the sentence to fifteen months and suspending it for three years due to a “significant element of remorse” and the fact that the historic child abuse took place more than forty years ago.

Toxic Chemical Exposure Claims at Casement Airbase

The Journal published an article about toxic chemical exposure claims at Casement Airbase and the effects chemicals had on servicemen and their families.

According to the article, a former Air Corps mechanic has made toxic chemical exposure claims at Casement Airbase to highlight a lack of health and safety procedures. The “whistle-blower” has alleged that servicemen, their partners and their children have suffered illnesses and development issues – and in some cases death – due to exposure to carcinogenic and mutagenic chemicals.

The claims were made under a protected disclosure agreement in an address to Ministers, TDs, senators and a Defence Forces representative. They were supported by documentation claiming twenty former servicemen may have died due to the exposure to toxic chemicals. Five children born with cancer-related conditions or birth defects are also claimed to have died due to their parents´ exposure.

The former Air Corps mechanic told the assembly: “I have come across several personnel whose wives have had multiple miscarriages both in serving and in retired personnel. In one case, a retired member’s wife had eight miscarriages in succession. I am also aware of three personnel who shared in an office in Casement´s engineering wing whose wives all had a miscarriage in the same six-month timeframe.”

The latest toxic chemical exposure claims at Casement Airbase are in addition to six personal injury claims already being made against the Defence Forces by former air corps servicemen. In their claims the former servicemen claim they were exposed to high levels of the restricted substance dichloromethane for up to twelve years despite the Defence Forces being aware of the health risks.

The Defence Forces have also been threatened with prosecution by the Health and Safety Authority (HSA) who last year conducted an inspection of the working conditions at Casement Airbase. Among a series of faults at the airbase, inspectors found a failure to conduct risk assessments or provide personal protective equipment to personnel working with hazardous substances.

When asked to comment on the latest toxic chemical exposure claims at Casement Airbase, a spokesperson for the Department of Defence told the Journal an independent investigator was reviewing the claims and there would be no comment until the final report was received and studied. A spokesperson for the Defence Forces told the Journal: “Given these matters are subject to litigation, it would be inappropriate to comment further.”

Judge Reluctant to Approve Compensation for an Eyebrow Injury

A judge has said he is reluctant to approve a settlement of compensation for an eyebrow injury until the impact of the injury in later life is known.

The proposed settlement of compensation for an eyebrow injury was in a relation to a claim made on behalf of a four-year-old girl, who was injured in an accident while travelling with her mother on a Dublin bus in 2015.

The accident occurred when the bus driver braked suddenly to avoid an unmarked garda car that had pulled out into a bus lane. Although strapped into her buggy, the girl – who was twenty-two months old at the time – hit her head on an upright support of the bus.

Following the accident, the girl was taken to Temple Street Children´s Hospital, where a cut on the girl´s forehead was cleaned and sealed with seristrips. Although a barely visible scar remains, it is possible that the girl´s eyebrow hair will not develop normally as she gets older.

A claim for compensation for an eyebrow injury was made by the girl´s mother on her daughter´s behalf. Dublin Bus and the Garda Commissioner accepted liability for the injury, and a settlement of compensation amounting to €10,000 was offered to the family.

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

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

Judge Approves Settlement of Spanish Holiday Injury Claim

A judge at the Circuit Civil Court has approved the settlement of a Spanish holiday injury claim after being told there may be a doubt over liability.

The Spanish holiday injury claim resulted from an accident in the swimming pool of the Sol Principe Hotel in Torremolinos in which an eight-year-old girl was injured. The girl had been swimming in the pool when another holidaymaker dived in. Unfortunately the holidaymaker landed on top of the girl and pushed her to the bottom of the pool, where she cut her chin on the tiles.

The girl´s father took her to a local medical centre, where the injury was treated. On the family´s return to Ireland, the girl´s father sought legal advice and – on his daughter´s behalf – made a Spanish holiday injury claim against the owners of the Sol Principe Hotel and the Irish travel agent through whom the family holiday had been booked.

In the Spanish holiday injury claim, it was alleged there had been a failure by the hotel to take adequate safety precautions while guests were using the pool. It was claimed that the accident could have been prevented with adequate supervision and, that as a result of the accident, the girl had suffered pain and discomfort and experienced a disturbance of her social and recreational life.

The allegations were denied by the defendants and a full defence entered against the Spanish holiday injury claim. An offer of compensation based on what the family would receive if the claim was successfully heard in Spain was declined, and a second offer of settlement was forthcoming – the offer of €12,500 being accepted by the family on advisement of their solicitor.

As the Spanish holiday injury claim had been made on behalf of a minor, the settlement had to be approved by a judge. Consequently, at the Circuit Civil Court in Dublin, the circumstances of the accident and details of the offer were related to Mr Justice Raymond Groarke. After hearing that the girl had a 1cm scar on her chin as a result of the accident, but liability may be in doubt if the case went to a full hearing, Judge Groarke said he was happy to approve the settlement in the circumstances.

Assessment of Compensation for a Child´s Fall Injury Approved

A judge at the Circuit Civil Court has approved an Injuries Board assessment of compensation for a child´s fall injury in favour of a five-year-old girl.

In August 2012, Róisín Byrne was just fifteen months of age when she fell out of a large Georgian sash window at her parent´s temporary home in Blackrock, County Dublin. Róisín fell eleven feet onto an emergency fire escape below the window – injuring her head, fracturing a rib and puncturing a lung when she landed.

The little girl´s parents – Ronan Byrne and Chloe Murphy – had previously complained to the caretaker of the property that the window presented a risk of injury. They had asked the caretaker to install a security mechanism at the bottom of the window so that it could be locked shut as the window opened just twenty-one inches from the floor.

The request was never attended to and, on her daughter´s behalf, Chloe applied to the Injuries Board for an assessment of compensation for a child´s fall injury. The owner of the property – Enda Woods – gave his consent for the claim to be assessed, and the Injuries Board notified both parties that Róisín should be entitled to €46,000 compensation for a child´s fall injury.

As the claim had been made on behalf of a child, the Injuries Board´s assessment had to be approved by a judge to ensure the settlement was in Róisín´s best interests. Due to the assessed compensation for a child´s fall injury being in excess of €15,000 – in which case approval could have been sought in the District Court – the approval hearing was held at the Circuit Civil Court.

At the approval hearing, the circumstances of Róisín´s accident were explained to Mr Justice Raymond Groarke. The judge heard that Róisín – who is now five years old – had made a full recovery from the incident except for a small scar on her forehead from where she had hit her head on the casing of the emergency fire escape.

The judge approved the €46,000 settlement of compensation for a child´s fall injury, which will now be paid into court funds until Róisín is eighteen years of age.

Offer of Compensation for a Scar from a Creche Accident Approved

An offer of €45,000 compensation for a scar from a creche accident has been approved by the Circuit Civil Court in favour of a twelve-year-old boy.

Calum Lawless from Dunshaughlin in County Meath was just three years old when, in July 2007, he tripped over an uneven floor surface at the Happy Days Creche in Clonee, Dublin, and fell – hitting his face on the floor and sustaining a cut close to his right eye.

Calum was taken to the VH1 Swiftcare Clinic at Dublin City University, where a three-centimetre laceration was cleaned and closed with steri-strips. Calum´s right eye remained closed for a week after his accident and he had significant bruising for almost a month.

Now twelve years of age, Calum has a permanent visible scar by his right eye that – due to its location – cannot be concealed with plastic surgery.

As the two-year Statute of Limitations for personal injury claims does not apply to children, Calum´s mother – Lorraine Lawless – claimed compensation for a scar from a creche accident on her son´s behalf against the owner of the creche – Hansfield Company Ltd, of Castleknock, Dublin.

In her legal action, Lorraine alleged that Hansfield Company Ltd had been negligent for failing to provide a safe environment and was thereby liable for Calum´s accident and injury. The owners of the Happy Days Creche admitted liability and made an offer of €45,000 compensation for a scar from a creche accident.

As the claim for compensation for a scar from a creche accident had been made on behalf of a children, the offer had to be approved by a judge to ensure it was in Calum´s best interest. Consequently the circumstances of Calum´s accident and injury were related to Judge James O´Donohoe at the Circuit Civil Court.

Judge O´Donohoe approved the settlement after inspecting the scar and ensuring that the family agreed to the settlement. The settlement of compensation for a scar from a creche accident will now be paid into court funds until Calum becomes a legal adult at age eighteen.

Settlement of Claim for an Injury due to Being Hit by a Car Wing Mirror

The €5 million settlement of a claim for an injury due to being hit by a car wing mirror has been approved in the High Court in favour of a teenage boy.

Ryan Bastin ordinarily lives with his family in Brussels; but, in August 2008, he was enjoying a family holiday at his grandparent´s home in Mitchelstown, County Cork. On 13th August, Ryan´s father, brother and sister left the house to walk down to a neighbouring field in order to watch cows grazing. Ryan initially decided he did not want to go, but then changed his mind.

As Ryan ran out into the road to catch up with his family, he was hit on the head by the wing mirror of a passing car. Ryan was knocked to the road surface and, although able to stand up straightaway, he started vomiting. An ambulance was called and Ryan was taken to Cork University Hospital. However, during the journey to the hospital, he lost consciousness.

When Ryan arrived at the hospital he was resuscitated and diagnosed with a fractured skull. He underwent a series of operations and remained in intensive care for several months before being allowed to fly home with his family to Brussels, where he underwent rehabilitation treatment. Despite receiving comprehensive medical attention, Ryan has been left with intellectual disabilities.

Or her son´s behalf, Ryan´s mother – Sinead – made a claim for an injury due to being hit by a car wing mirror against the driver of the vehicle – Hannah Murray from Ballyporeen in County Tipperary. Murray contested the claim on the grounds that she had been driving with due care and attention and could not have avoided hitting Ryan as he ran into the road.

The case went to the High Court, where Mr Justice Kevin Cross was told that Murray only had 1.75 seconds to react from the time that Ryan had run into the road. Ryan´s barrister argued that, even with just 1.75 seconds to act, Murray had enough time to take evasive action and swerve to avoid hitting the child.

Judge Cross found in Ryan´s favour after attributing him 40% contributory negligence. As a settlement of the claim for an injury due to being hit by a car wing mirror had already been agreed in principle, the judge approved the proportional settlement of €5 million and closed the hearing – wishing Ryan and his family all the best for the future.

Settlement of Claim for Cycling Pothole Injuries Approved

The Injuries Board-assessed settlement of a claim for a cycling pothole injuries has been approved in the High Court in favour of a sixteen-year-old boy.

In July 2013, Dillon O´Reilly was giving his cousin a “backer” while cycling along the road between Killard and Blarney in County Cork, when the front wheel of his bicycle hit a pothole. Dillon – who had been riding on the pedals of his bicycle – was thrown onto the road surface and suffered a fractured wrist and injuries to his knee and shoulder.

Through his father, Dillon made a claim for cycling pothole injuries against Cork County Council. The Council consented to the Injuries Board request to assess Dillon´s injuries, before agreeing to the proposed settlement figure of €61,500. As the claim for cycling pothole injuries had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in Dillon´s best interests.

Consequently an approval hearing took place before Mr Justice Kevin Cross at the High Court, who heard that – in addition to his fractured wrist, knee and shoulder injuries – Dillon also suffered several lacerations that have now left permanent scars. The judge was also told that Dillon recognises that giving his cousin a ride on the back of his bike was a dangerous thing to do.

Judge Cross commented that Dylan had not done anything that any other child of his age would have done, but said it was inevitable that – if the case had been resolved in a full hearing – the settlement of the claim for cycling pothole injuries would have been reduced by 30 to 50 percent to account for his contributory negligence.

Mr Justice Kevin Cross said that in the circumstances it was prudent to accept the Injuries Board´s assessment and the judge approved the €61,500 settlement of the claim for cycling pothole injuries -advising Dillon that his scars would likely be susceptible to sunlight and he should keep out of the sun to prevent them deteriorating.

Settlement of Hotel Pool Injury Claim Approved in Court

A judge at the Circuit Civil Court has approved the settlement of a hotel pool injury claim made on behalf of a six-year-old schoolgirl by her father.

Emma Olteanu was just four years old when her father, Marius, took her swimming at the Clarion Hotel in Clondalkin in October 2014. Emma had been given special swimming socks to prevent her from slipping, but despite this precaution, Emma tripped on the worn edge of a pool mat and fell – hitting her chin against the side of the pool and sustaining a deep cut.

Emma´s father took her to the Emergency Department at the Adelaide and Meath Hospital in Tallaght, where the cut on Emma´s chin was cleaned and stitched. Due to the depth of the cut, Emma has a two-centimetre scar on her chin which – her parents from Lucan in County Dublin claim – she is very conscious of.

On his daughter´s behalf, Marius made a hotel pool injury claim against Kingsoak Taverns Ltd. trading as Clarion Hotels. In his legal action, Marius claimed that the hotel was negligent by equipping the pool with a worn pool mat. The hotel admitted liability and a €21,000 settlement of the hotel pool injury claim was negotiated.

As the hotel pool injury claim had been made on behalf of a minor, the settlement had to be officially approved to ensure it was in Emma´s best interests. Consequently, the facts of the case were presented to Mr Justice Raymond Groarke at the Circuit Civil Court, who was also told about the consequences of Emma´s accident and her permanent scar.

The judge approved the settlement of the hotel pool injury claim and ordered that it was to be paid into court funds. The settlement will be placed into an interest-bearing account until Emma reaches the age of eighteen unless an application is made to the court by her parents to release funds for Emma´s education or for medical reasons.

Judge Increases Settlement of Crèche Scar Injury Compensation Claim

A judge at the Circuit Civil Court has increased the settlement of a five-year-old´s crèche scar injury compensation claim from €40,000 to €55,000.

Ruth Reilly was just two years of age when, in October 2013, she was left unattended by staff at the Giraffe Childcare Crèche in Navan, County Meath. While she was alone, Ruth tripped and fell – banging her head against a wall of the facility and sustaining a deep cut to her forehead.

An ambulance was called, and Ruth received treatment for her injury at the crèche before being taken to Our Lady of Lourdes Hospital in Drogheda to have the wound closed with stitches. As a result of her accident, Ruth has a permanent and visible scar on her forehead.

Through her father, Seamus Reilly, Ruth made a crèche scar injury compensation claim – alleging that her accident and injury was a result of the staff´s negligence. Liability was admitted by the crèche’s owners and a €40,000 offer of compensation was made.

Although acceptable to Ruth´s parents, as the crèche scar injury compensation claim had been made on behalf of a child, the settlement had to be approved by a judge before the claim could be resolved. Consequently the case went to the Circuit Civil Court, where it was heard by Mr Justice Raymond Groarke.

At the approval hearing, Judge Groarke was told the circumstances of the accident and that Ruth is very conscious of the scar on her forehead. Judge Groarke agreed that it was “nasty and noticeable at a conversational distance”. The judge then said that the €40,000 offer of settlement did not reflect the full value of Ruth´s crèche scar injury compensation claim.

The judge increased the settlement to €55,000 – commenting that increase was not a criticism of the way in which the defendant had handled the case.

Claim for being Trapped in a Shop Changing Room Resolved with Approval of Settlement

Two girls´ claim for being trapped in a shop changing room while a mock armed robbery was taking place has been resolved at the Circuit Civil Court.

In March 2013, the two girls – Abbie and Casie Kennedy from Lucan in County Dublin – had been shopping with their mother at the H&M shop in the Dundrum Shopping Centre, and were in one of the shop´s changing rooms, when they heard someone shouting at the staff to open the till and get down on the floor.

Unaware that what they could hear was part of a training exercise, the three remained trapped in the shop changing room until there was silence. The girls´ mother – Claudia – then opened the changing room door and looked out but saw nothing. She waited several minutes until she heard voices in the shop before leaving the changing room with her terrified daughters.

On speaking with a store manager, Claudia discovered that the event had been a robbery simulation and, when she got home, she called the H&M head office to complain that the shop had failed to check for the presence of customers before starting the training exercise. A representative of the company apologised and offered Claudia a €30 voucher.

Dissatisfied with the response from the company, Claudia made a claim for being trapped in a shop changing room on behalf of her two daughters against H&M Hennes &Mauritz (Ireland) Ltd. In her legal action, Claudia alleged that Abbie and Casie had been terrified and in fear for their and their mother’s lives. She also claimed that the experience had given both girls nightmares.

The company made offers of compensation for eleven-year-old Abbie (€10,000) and eight-year-old Casie (€8,000) in settlement of their claim for being trapped in a shop changing room. At the Circuit Civil Court in Dublin, Judge Rory MacCabe approved the offers after hearing how the sisters had been traumatised by the “terrifying” incident.

Claim against an Airline for being Scalded by a Hot Drink made in New York

An injury compensation claim against an airline for being scalded by a hot drink has been made in New York against the Irish airline Aer Lingus.

The claim against an airline for being scalded by a hot drink was made by the mother of a young boy, who suffered burn injuries “as a result of scalding hot liquid” being spilled on him during a flight from Dublin to John F Kennedy International in June 2014.

The boy´s mother alleges that her son´s injuries were attributable to the negligence of Aer Lingus´ flight crew and that he is now “deprived of his enjoyment of life, pursuits and interests and in the future will be deprived on the same”.

Aer Lingus denies any claims that a member of its flight crew was negligent but, under the Montreal Convention, is liable to pay injury compensation if any passenger suffers any injury during a flight – irrespective of who was at fault for the injury.

Negotiations to settle the claim against an airline for being scalded by a hot drink are scheduled to get underway later this month and Aer Lingus has requested copies of the boy´s medical records to assess compensation for being scalded by a hot drink the boy may be entitled to.

Another Claim for being Scalded by a Hot Drink already in Mediation

This is the second claim against an airline for being scalded by a hot drink that has been made against Aer Lingus in recent months. Last August, another claim was filed against Aer Lingus in Jacksonville, Florida, on behalf of a ten-year-old girl scalded when hot tea was spilled onto her during a flight from Dublin to Orlando the previous month.

The girl´s parents are claiming $75,000 compensation from Aer Lingus on the grounds that – prior to her injury – their daughter was a “successful amateur competitive surfer”. The parents allege that the injuries sustained by the girl around her lower torso and upper thighs have caused her to suffer embarrassment and mental anguish as well as physical pain and suffering.

In the claim against an airline for being scalded by a hot drink, the parents allege that Aer Lingus failed to serve the tea “at a safe temperature” and failed to alert passengers to the “known dangers and the excessive and unreasonable temperature of the hot tea”. They also allege that Aer Lingus failed “to properly train flight attendants of the dangers of serving excessively hot tea to its passengers”.

Aer Lingus is disputing how much compensation for being scalded by a hot drink the girl is entitled to, but her parents are arguing that they will have to spend “great sums of money” on their daughter´s future medical care in addition to how much the accident has already cost them. This claim against an airline for being scalded by a hot drink is in mediation.

Aer Lingus Settles Previous Claim against an Airline for being Scalded by a Hot Drink

A much earlier claim against an airline for being scalded by a hot drink – this time in Ireland – has already been settled by Aer Lingus. On this occasion, five-year-old Sophie Gorman from Knocklyon in Dublin was scalded on an Aer Lingus flight from London, when tea placed on the tray in front of her mother spilled onto her leg due to the lid not being properly affixed.

On her daughter´s behalf, Sophie´s mother made a claim against an airline for being scalded by a hot drink. Aer Lingus did not contest the claim and made an offer of €7,000 compensation. In July 2012, the settlement offer was approved by Mr Justice Matthew Deery after hearing that Sophie´s burn had healed considerably after antibiotic cream prescribed by her GP had been applied, but that Sophie had a permanent skin pigmentation irregularity due to her injury.

Boy Awarded Compensation for Post-Traumatic Stress Disorder following a Fire

A fourteen-year-old boy has been awarded more than €50,000 compensation for post-traumatic stress disorder following a fire at his family´s home.

In June 2010, Aaron Monds from Kinnegad in County Westmeath was one four siblings rescued from a fire at the family home that had been caused by a faulty Hotpoint dishwasher. Aaron – who was only nine years of age at the time – had been diagnosed as suffering from a mild intellectual disability, and he was deeply traumatised by the fire.

For several years after the incident, Aaron displayed symptoms of obsessive compulsive disorder. He would check and re-check electrical appliances each night to ensure they were switched off and unplugged, developed an irrational fear of fire and would have night terrors about being engulfed in flames.

Aaron´s father – Henry Monds – sought legal advice and on behalf of his son claimed compensation for post-traumatic stress disorder following a fire. Indesit UK Ltd – the manufacturers of the faulty Hotpoint dishwasher – acknowledged liability for the appliance being responsible for the fire and, by proximate cause, admitted liability for Aaron´s traumatic response.

As the Injuries Board does not assess psychological injuries, a hearing took place at the High Court before Mr Justice Bernard Barton to assess how much compensation for post-traumatic stress disorder following a fire Aaron was entitled to.

At the hearing, Judge Barton was told that Aaron still had anxiety attacks about another fire in the family home but that his condition had improved after years of therapy. The judge accepted medical evidence that Aaron´s condition would now be described as residual symptoms of a post-traumatic stress disorder rather than obsessive compulsive behaviour.

The judge awarded Aaron €51,244 compensation for post-traumatic stress disorder following a fire and ordered that the settlement be paid into court funds until Aaron reaches the age of eighteen.

Girl´s Claim for the Loss of Sight in a Car Crash Resolved at Court

A teenage girl´s claim for the loss of sight in a car crash has been resolved at the High Court with the approval of a €1.3 million settlement.

On 26th November 2005, Beth Cullen lost the sight in her left eye as a result of being injured in a car crash on the “Nine Bends” stretch of the N11 near Ballinameesda. In addition to suffering an eye injury, Beth – from Kilmacanogue in County Wicklow – lost her hearing in her left ear and her sense of smell.

On behalf of his daughter, William Cullen made a compensation claim for the loss of sight in a car crash against Beth´s mother – Caroline Barrett – who had been driving Beth and who was considered responsible for causing the crash through a lack of care and attention.

The claim alleged that Beth´s mother had failed to steer, stop, swerve or manage the car prior to the crash. It was also claimed that, through her lack of care and attention, Barrett had demonstrated a lack of adequate regard for the safety of her daughter.

Liability was conceded by Barrett´s insurers, and a €1.3 million settlement was agreed. As the claim for the loss of sight in a car crash had been made on behalf of a child, the settlement had to be approved by a judge to ensure it was in Beth´s best interests.

The approval hearing at the High Court took place recently before Mr Justice Kevin Cross. Judge Cross was told the circumstances of the accident and the injuries that Beth – who was six years old at the time – had sustained.

After hearing that Beth was doing well at school despite her difficulties, Judge Cross approved the settlement and wished Beth well for the future. The settlement will now be paid into an interest-bearing account and managed by the High Court until Beth turns eighteen years of age in 2017.

Settlement of Compensation for a Severed Fingertip Approved in Court

A Circuit Civil Court judge has approved a €40,000 settlement of compensation for a severed fingertip accident in favour of a nine-year-old girl.

Julia Roman from Lucan in County Dublin severed her fingertip and lost a nail in November 2012, when she caught her finger between the doors of the local Doc Morris Pharmacy. Julia – who was just six years old at the time of her accident – was taken to the Emergency Department of Our Lady´s Children´s Hospital in Crumlin by her father.

Doctors were able to reattach the severed fingertip while Julia was under a general anaesthetic and the little girl had to attend the hospital several more times so that doctors could check on how she was recovering from her injury. Now nine years of age, Julia has a small scar on the bulb of her finger.

On her daughter’s behalf, Elena Roman made a claim for compensation for a severed fingertip against the owners of the Doc Morris Pharmacy – Unicare Pharmacy Ltd – and Lovco Cleaning and Building Services of Tallaght in Dublin – the company that had installed the doors between which Julia had caught her finger.

Liability for Julia’s injury was conceded by the two defendants, and an offer of compensation for a severed fingertip was proposed to the family amounting to €40,000. The family agreed to the settlement but, before Julia’s claim could be resolved, the proposal had to be approved by a judge to ensure that it was appropriate for the degree of her injury.

Consequently, at the Circuit Civil Court in Dublin, Mr Justice Raymond Groarke heard how Julia’s accident happened, and heard from Julia that she had to give up playing the piano because of the pain in her finger. Judge Groarke approved the settlement of compensation for a severed fingertip and closed the case.

Judge Approves Settlement of Compensation for Electrocution Injuries

A judge at the High Court has approved a €700,000 settlement of compensation for electrocution injuries in favour of a seventeen year-old-boy.

On July 3rd 2008, Kurt O´Callaghan was just ten years of age when he and his friends from Wexford City were playing in woodland near their homes. After helping make a camp, Kurt decided to put a “Keep Out” sign on a nearby electricity pole. Kurt climbed the wall of an adjacent housing estate to reach the pole, but as it started nailing his sign onto it, Kurt nailed into a high-voltage electric cable.

The force of the subsequent shock blew Kurt off of the wall, and he was fortunate inasmuch as a passing motorist saw the accident and was able to take him to hospital. Kurt was later transferred to the Children’s Hospital in Crumlin, where he spent the next three months receiving treatment for severe burns to his head, neck, shoulders, chest, and hands. Kurt may need further skin grafts in the future.

Through his mother – Denise – Kurt made a claim for compensation for electrocution injuries against the Electricity Service Board (ESB). In his legal action it was claimed that the ESB knew – or should have known – that a risk of injury existed, and that there had been a failure by the ESB to consider the wall Kurt had used to access the electricity pole as a risk due to its proximity to the electricity cables.

The claim for compensation for electrocution injuries was supported by a report compiled by an expert electrical engineer. The report was critical of the ESB for not identifying the risk of danger and, in addition to stating that the ESB had failed in its statutory requirement to ensure that electricity poles were inaccessible to a height of three metres, the electrical engineer found 52 other nails that had been used to hang posters.

The ESB denied liability for Kurt´s injuries, and the claim for compensation for electrocution injuries was scheduled for a full court hearing. However, prior to the hearing, a €700,000 settlement of the claim was agreed and a hearing was arranged for the settlement to be approved. At the approval hearing, Mr Justice Kevin Cross said that it was a good settlement in the circumstances as – if Kurt´s claim for compensation for electrocution injuries had gone to a full hearing – he may have been accused of contributory negligence.

Settlement of Claim against the Giraffe Crèche Refused by Judge

The proposed settlement of a claim against the Giraffe Crèche has been refused by a judge on the basis that it is inappropriate for the level of alleged injury.

In 2011, Emilie Kiely started attending the Giraffe Childcare and Early Learning Centre in Stepaside, Dublin when she was eight months old. The following September, Emilie started exhibiting signs of anxiety as she was being prepared to go to the crèche – a change in behaviour which coincided with a move to the “Toddlers Room”.

In May 2013, the Giraffe Childcare and Early Learning Centre was one of three crèches exposed by the Prime Time documentary “A Breach of Trust” for alleged child abuse. Emilie´s parents reacted to seeing one of their daughter´s minders screaming at children by withdrawing Emilie from the crèche.

Emilie´s father – John Kiely from Sandyford in Dublin – sought legal advice and subsequently made a claim against the Giraffe Crèche on his daughter´s behalf. In his legal action John claimed that Emilie had suffered stress, emotional upset and terror due to the verbal and physical abuse she had suffered at the crèche.

The owners of the childcare facility contested the claim against the Giraffe Crèche, but made an offer of €15,000 compensation without an admission of liability. As the offer of compensation was in settlement of a claim brought on behalf of a child, the settlement had to be approved by a judge to ensure that it was in Emilie´s best interests before it could be accepted.

At the Circuit Civil Court in Dublin, Judge James O´Donohue heard that Emilie would cry “No crèche! No crèche!” before going to the childcare facility and was clearly scared of attending the Giraffe Crèche. The judge ruled that the proposed settlement of the claim against the Giraffe Crèche was inappropriate for the level of injury that it was claimed Emilie had suffered.

Judge O´Donohue said that it would be in Emilie´s best interests if the claim against the Giraffe Crèche was heard by another judge at a full hearing. The judge´s decision has implications for up to twenty-five other claims for compensation that have been made against the crèches featured in the Prime Time documentary.

Compensation for an Injury on the Luas Approved in Favour of Schoolgirl

The settlement of a schoolgirl´s claim for compensation for an injury on the Luas has been approved by a judge at the Circuit Civil Court.

On 14th February 2008, Elaine Heron from Raheny in Dublin was boarding a Luas at Connelly Street with her two children Aoife and Kate. Six-year-old Aoife boarded the Luas first, but as Elaine started pushing the buggy containing Kate onto the train, the automatic doors closed – trapping the buggy.

The doors opened due to the blockage and gave Elaine enough time to pull the buggy out; but as Aoife started to disembark from the Luas to join her mother and sister on the platform, the automatic doors closed once again – this time trapping Aoife´s head between them.

An ambulance was called to the Connelly Street stop and Aoife was treated for a head injury by paramedics. She was later examined by the family´s GP, who diagnosed bruising and a soft tissue injury. As a consequence of her accident, Aoife – now thirteen years of age – still has a scar on the side of her head and has developed a fear of travelling on the Luas.

Through her mother, Aoife claimed compensation for an injury on the Luas against Veolia Transport Dublin Light Rail Ltd – the operators of the service – alleging negligence and breach of duty. The transport company initially denied its liability for Aoife´s head injury and prepared a full defence of the claim.

However, after a period of negotiation between solicitors representing the two parties, a settlement of €25,000 compensation for an injury on the Luas was agreed – a settlement which had to be approved by a judge as Aoife is under the age of eighteen.

Consequently the details of the schoolgirl´s accident and injury were related to Mr Justice Raymond Groarke at the Circuit Civil Court in Dublin. Judge Groarke was also told that Aoife may need psychotherapy in the future to overcome her fear of travelling on the Luas, after which he approved the settlement of compensation for an injury on the Luas and wished Aoife all the best for the future.

TUSLA Delaying Investigations into Residential Care Child Abuse Claims

The Irish Mirror has alleged that the HSE Child and Family Agency – TUSLA – is delaying investigations in to residential care child abuse claims.

The Irish Mirror´s allegations are based on details the newspaper has received relating to complaints made to the Health Information and Quality Authority (HIQA) and the length of time it has taken TUSLA to resolve them.

HIQA does not have the statutory authority to investigate allegations of poor standards in private and voluntarily run care home and foster homes, and consequently it is the role of TUSLA to investigate residential care child abuse claims in such cases.

The residential care child abuse claims published by the newspaper reveal an alarming catalogue of neglect and a failure in the duty of care owed to children by the homes in which they are placed. They also reveal how the HSE´s Child and Family Agency is also failing in its duty of care.

In one scenario published by the Irish Mirror, it took eighty days for the agency to respond to a series of communications initiated by a concerned grandparent. In another scenario it was only following the intervention of Gardai that a social worker was removed from her post.

Other examples of residential child abuse claims that were referred to HIQA after failing to be investigated by TUSLA included allegations of physical and sexual abuse of two children in foster care in Wexford and allegations of bullying and sexual abuse at a children´s residential centre in Waterford

HIQA received residential care child abuse claims at a rate of more than one a week between 2012 and 2014, prompting Fianna Fail’s spokesman for children – Robert Troy – to claim that TUSLA was in “dereliction of duty”.

A spokesperson for TUSLA told the Irish Mirror: “[TUSLA] takes complaints from every source very seriously. All complaints are looked into within 30 working days. In the event that it takes longer, TUSLA keeps the complainant updated on a regular basis”.

Judge Approves Settlement of Compensation for an Accident in Tesco

A Circuit Court judge has approved a €18,000 settlement of compensation for an accident in Tesco which left a nine-year-old schoolgirl with a permanent scar.

Angela Prendergast from Kilcoole in County Wicklow was just six years of age when – in September 2010 – she was shopping with her mother at the local Tesco Express Supermarket. As mother and daughter were browsing the frozen food section in the supermarket, Angela fell due to a slippery floor surface and banged her head against a freezer cabinet.

First Aid was administered at the supermarket by a Tesco employee before Angela´s mother – Ann Prendergast – took Angela to the local hospital. Angela´s cut was cleaned and stitched with glue at the hospital, but Angela still has a two centimetre scar on the right side of her forehead to remind her of the accident in Tesco.

After reporting the accident to the supermarket and seeking legal advice, Ann Prendergast made a claim for compensation for an accident in Tesco on her daughter´s behalf. Tesco Ireland Ltd admitted their liability for Angela´s injury and a settlement of €18,000 was agreed between the two parties.

As the claim for an accident in Tesco had been made on behalf of a minor, the settlement of compensation had to be approved by a court before Angela´s case could be closed. Consequently, at the Circuit Civil Court in Dublin Mr Justice Matthew Deery was told the circumstances of Angela´s accident in Tesco.

After hearing how Angela had slipped and banged her head as she fell, and after seeing the scar on Angela´s forehead, Judge Deery approved the settlement of compensation for an accident in Tesco and ordered that the funds be paid into court until Angela reaches the age of maturity.

Settlement of Compensation for Catastrophic Injuries Approved at Court Hearing

A settlement of compensation for catastrophic injuries in favour of a teenager who was hit by a bus has been approved after a hearing at the High Court.

Carlos Tesch (18) was walking with friends along Herbert Road in Bray, County Wicklow, on 4th February 2009, when he ran across the street in order to avoid a group of local youths who had previously verbally threatened the young Spaniard – who was twelve years of age at the time – and his friends.

As he ran across the street, Carlos was hit by a bus coming from behind him, and he sustained serious head injuries – including a fracture to the base of his skull – which has left Carlos unable to speak or walk more than a few paces unaided, and reliant on the permanent care of his parents – Hans and Mar Tesch.

Through his father, Carlos claimed compensation for the catastrophic injuries he sustained in the bus accident against Dublin bus – the operators of the bus that hit him. Dublin Bus denied their liability for Carlos´ injuries, stating that the driver could not have foreseen the teenager running out into the street.

However, a High Court ruling last year found Dublin Bus 70% responsible; for although the bus had been travelling at 40Km/h in a 50 Km/h zone, the driver had been distracted by chatting to a passenger shortly before the accident occurred.

The High Court´s decision was appealed to the Supreme Court, but the Supreme Court upheld the original verdict and the case was returned to the High Court for the assessment of damages.

At the High Court, Ms Justice Mary Irvine heard the circumstances of Carlos´ accident and that a €9 million settlement of compensation for his catastrophic injuries had been agreed.

The judge was also told that Hans Tesch now cared for his son full-time – after having given up his managerial job – and had twice taken him to China for stem cell treatment.

Carlos currently attends the Spanish Institute during school hours and – approving the settlement of compensation for catastrophic injuries – Ms Justice Mary Irvine said she was fully aware of what parents had to give up for their children in cases of catastrophic injuries.

Settlement of Child´s Claim for Injury Due to Faulty Footpath Approved in the High Court

A young girl has had the €125,000 settlement of her claim for an injury due to a faulty footpath approved at the High Court.

Nine-year-old Charlotte Clapperton (now 16 years of age) was riding her electric scooter on May31st 2007 when it hit an uneven section of the footpath on Tyrconnell Road in Inchicore, Dublin, and Charlotte fell from the scooter – severely injuring her left elbow.

The damage to her elbow meant that Charlotte had to undergo two operations, and she still has a 10cm scar on her forearm. Her elbow still troubles her, and Charlotte is unable to participate in her former pastimes of gymnastics and Irish dancing.

Charlotte made a claim for an injury due to a faulty footpath through her mother – Collette Clapperton of Bluebell in Dublin – on the basis that the footpath was in a poor state due to the roots of nearby trees pushing the flagstones up, and that the footpath was in such a condition to make it a safety hazard.

Dublin City Council – who had responsibility for the maintenance of the tress and the footpath – admitted liability for Charlotte´s injuries and a settlement of injury compensation for an injury due to a faulty footpath amounting to €125,000 was agreed.

However, before Charlotte´s injury claim could be completely resolved, the settlement first had to be approved by a judge as the claim had been brought on behalf of a minor. Consequently, at the High Court in Dublin, the circumstances of Charlotte´s accident and injury were retold to Ms Justice Mary Irvine.

Judge Irvine approved the settlement, after inspecting Charlotte´s injury and stating that it did not look as bad as she had anticipated. She told Charlotte that she hoped the injury was not going to affect her in the future.

Judge Awards Compensation for Injuries Sustained at a Birthday Party

A judge has awarded compensation for injuries sustained at a birthday party to a young boy who was hit on the head by a toy brick during his own birthday celebrations.

The accident occurred to the unnamed child as he was celebrating his sixth birthday at the Malin Head Community Centre in Donegal on November 6th 2012. According to his family´s solicitor, the child had been left unsupervised during the birthday celebrations and had been hit on the head by another child with a toy brick.

Judge Keenan Johnson was told that the child has sustained serious head injuries and been scarred for life. The family´s solicitor produced a report from a consultant plastic surgeon in which the consultant confirmed “the boy suffered a 2cm scar, which is narrow and of a pale nature but it is permanent and has led to a minor degree of disfigurement.”

The judge heard that the Malin head Community Centre had offered the boy´s family €15,000 compensation for the injuries sustained at the birthday party, but the judge was not satisfied that the settlement was sufficient. After examining the boy´s injuries in his private chambers, the judge suggested that a settlement of €20,000 was more appropriate.

Representatives of the Malin Head Community Centre immediately contacted their insurers, who agreed to the revised settlement. Judge Johnson subsequently approved the settlement and the case was closed.

Compensation for Accidents in Childcare Centres Approved in Court

Two settlements of compensation for accidents in childcare centres were approved on the same day at the High Court in Dublin by Mr Justice Michael Peart.

The first of the compensation claims for accidents in childcare centres concerned a claim brought by the father of Ella Rogerson from Navan in County Meath against the Sandy Childcare Centre in Dunshaughlin.

Ella´s father claimed that an accident in June 2010, in which his daughter had suffered a serious eye injury, was due to negligence and a breach of care by the childcare facility.

The owners of the Sandy Childcare facility had originally denied the compensation claim for an accident in a childcare centre – contesting that they were not at fault when Ella was hit in the face by a jet of water from a hose.

However, as Mr Justice Michael Peart was told, a settlement amounting to €122,000 had been agreed upon and, after hearing the circumstances of Ella´s accident, the settlement was approved.

Judge Peart was again sitting when the case of three-year-old Lauren Torpey was brought before him. Lauren – from Rathgar in Dublin – had tripped at the Giraffe Childcare Centre in June 2011 and suffered a terrible laceration to her face when she had fallen against a sharp skirting board.

On this occasion, liability for the accident had been admitted, and a negotiated settlement of compensation for accidents in childcare centres had been accepted by both parties. Again, after listening to how Lauren sustained her injury, Judge Peart approved the settlement of compensation.

Injury Compensation due to Faulty Home Renovations Approved in Court

Two sisters, who suffered from breathing problems after a shower drain was incorrectly fitted in their family home, have had settlements of injury compensation due to faulty home renovations approved at the Circuit Civil Court.

Twins Abby and Chloe Croke from Raheny in Dublin both developed respiratory difficulties following renovations to their family home in 2008. The source of the problem – fumes from the negligently fitted shower drain – was not discovered for three years, during which time Chloe (now eleven years of age) was diagnosed with asthma.

Remedial work has since been carried out on the family´s bathroom, and the health of the whole family has improved; however, the girls´ mother – Ita Croke – made claims for injury compensation due to faulty home renovations on behalf of both girls against Alpha Engineering Heat Providers Ltd of Finglas, Dublin.

At the Circuit Civil Court in Dublin, Circuit Court President Mr Justice Raymond Groarke was told that offers of settlement in both claims for injury compensation had been made by Alpha Engineering Heat Providers Ltd without admission of liability.

After hearing that the family were prepared to accept the offers of injury compensation amounting to €5,000 for each child, the judge approved the settlements.

Interim Settlement of Cerebral Palsy Birth Injury Compensation Approved in Court

An interim settlement of cerebral palsy birth injury compensation relating to a thirteen-year-old boy who was born with irreversible brain damage has been approved in the High Court in Dublin.

The claim for cerebral palsy birth injury compensation was made on behalf of Ryan Brennan from Cahir, County Tipperary, by the boy´s parents following allegedly avoidable complications before and during Ryan´s birth in January 2000 at the St Joseph´s Hospital in Clonmel.

Several hours prior to his delivery, a foetal trace had identified abnormalities in Ryan´s heart rate and, after he was born, he had to be resuscitated and suffered seizures throughout the day. As a result of his delayed birth, Ryan now suffers from irreversible brain damage and cerebral palsy.

It was alleged by Ryan´s parents – Lorraine and Raymond Brennan – that Ryan´s injuries could have been avoided if the consultant obstetrician – Dr Brendan Powell – and staff at St Joseph´s Hospital had acted with greater care, and a cerebral palsy claim for birth injury compensation was made against Dr Powell and the HSE.

Both parties denied the allegations of a failure to act, negligence, a breach of duty by Dr Powell and a breach of contract by the hospital which lead to the brain damage suffered by Ryan but, at the High Court in Dublin, Ms Justice Mary Irvine heard that an interim settlement of cerebral palsy birth injury compensation had been agreed upon without admission of liability.

The €1.7 million temporary payment is for two years to allow for the introduction of a structured payment system and a review of Ryan´s future requirements. Ms Justine Mary Irvine described the interim settlement as ‘in the upper parameters of these types of cases’ as she approved it.

Judge Approves Injury Compensation for an Accident in a Museum

Circuit Civil Court President, Mr Justice Raymond Groarke, has approved a settlement of injury compensation for an accident in a museum which left an eight-year-old boy with a permanent scar.

The judge heard how  Bradley Kavanagh from Dublin had been visiting the National Museum of Ireland in Benburb Street, Dublin, in 2011 with his grandfather when he tripped on what was described in court as a ‘defective floor surface’ and sustained a bad cut to his forehead just above the left eyebrow.

Bradley – who was just six-years-old at the time – was taken to the Children´s Hospital in Temple Street by ambulance, where five stitches were administered to the wound while Bradley was under a general anaesthetic.

Bradley made a claim for injury compensation for an accident in a museum through his parents and, in court, Mr Justice Raymond Groarke was told that the National Museum of Ireland had made an offer of settlement amounting to €17,000 plus €1,133 costs.

After hearing that the family were willing to accept the offer and witnessing the permanent scar on Bradley´s forehead, the judge approved the settlement.

Baseball Injury Compensation Awarded to Boy

A young boy who suffered life changing injuries when he was struck by a baseball in a Little League game has been awarded 14.5 million dollars in baseball injury compensation.  

Steven Domalewski from Wayne, New Jersey, was just 12 years old when playing as a pitcher in a Police Athletic League baseball game in 2006. In a freak accident, the batter to who Steven threw the ball hit a firm line drive, which caused the ball to fly back at Steven at speed and strike him in the chest – putting him into cardiac arrest. By the time emergency services resuscitated him, Steven´s brain had been starved of oxygen for 15 minutes, due to which he sustained irreversible brain damage.

After seeking legal counsel, Steven’s family filed a claim for children’s sports injury compensation against Little League Baseball, the manufacturer of the metal baseball bat that had been used during the game and the retailer of the bat, alleging that it had been dangerous to use a metal bat in the game as metal bats can hit a baseball at a greater speed than wooden bats.

The family alleged that had a wooden bat been used in the game, Steven would not have suffered such severe injuries and supported their childrens sport injury claim with figures produced by Little League Baseball which revealed that since the performance of metal bats had been limited to those of the best wooden bats – a measure introduced in 2008 – injuries to Little League pitchers had fallen by 80 percent.

Little League Baseball, Hillerich and Bradsby – the makers of the “Louisville Slugger” – and the national retailer of the bat, Sports Authority, all denied liability for Stevens injuries but, at the State Superior Court in Passaic County, the judge heard that a settlement had been agreed upon which would see Steven receive 14.5 million dollars in childrens sport injury compensation to provide him with the specialist care he will require for the remainder of his life.

Boy’s Sports Injury Compensation of 14.5 million dollars Awarded

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

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

Despite the attentions of parents and officials that were at the scene of the incident, it was almost twenty minutes before Steven regained consciousness – during which time his brain was starved of oxygen, resulting in him sustaining permanent and irreversible brain damage.

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

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

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

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

Bumbo Seat Recall Due to Baby Injury Claims

Following complaints and reports of injury made to the American Consumer Product Safety Commission (CPSC) a popular series of baby chairs have been recalled due to claims of Bumbo seat injury.

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

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

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

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

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

Compensation for Child Football Injury Approved in Court

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

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

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

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

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

Film Cameraman Set Injury Compensation Paid

A cameraman who was hurt in a fall from height accident while working on the production set of the new Keanu Reeves film – 47 Ronin – is to receive film set injury compensation after an investigation by the Health and Safety Executive (HSE).

The unnamed 62-year-old was working on the film production set at the Shepperton Studios, Middlesex, in May 2010, when he fell through an unguarded opening in the floor. Despite falling over 3 metres, the cameraman escaped with bruises and a suspected broken rib.

The HSE investigation discovered that, although temporary guard rails had been put in place on some of the set, set-edge protection had been omitted in certain areas to ensure that the set maintained an authentic look of eighteenth century Japan.

Warrior Productions Ltd – the firm responsible for the UK production of the film – was fined 300 pounds for being in breach of Regulation 6(3) of the Work at Height Regulations 2005 and ordered to pay the cameraman 300 pounds accident compensation for a fall from height.

Supermarket Car Park Injury Awarded for Schoolboy

A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a supermarket car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident occurred in 2006. Climbing over a supermarket car park fence at the Firhouse Shopping Centre, he caught his leg on a protruding and unsafe nail, which tore a deep V-shaped wound into the inside of his left thigh.

Michael´s injuries were so severe that he had to have a double layer of inner flesh stitched together while under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a reminder of his injury.

Liability for the supermarket car park injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the supermarket car park injury compensation offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.