Baggage Handler Electric Shock Accident Claim Resolved Out of Court

An employee in the baggage handling section at Dublin Airport, who suffered two electric shocks when attempting to attach a power cable to a Boeing 737, has resolved his baggage handler electric shock accident claim out of court.

Patrick Kemmy (39) from Blanchardstown in Dublin made the electric shock at work compensation claim after suffering an injury while trying to connect the electric cable to the plane at Dublin Airport in April 2009. At first Mr Kemmy believed it was some aspect of the task that he had done incorrectly which led to the first electric shock, but on a second attempt he sustained an even larger shock.

The accident left Patrick suffering from a tingling down his right arm – which he still experiences from time to time  almost four years after the event – chest pains, headaches, a shortness of breath and neck pains. Due to the injuries suffered in the baggage handling accident, Patrick has missed work on nine or ten occasions.

Patrick alleged, in his compensation case, that his employers Servisair and the Dublin Airport Authority had permitted him to use a power cable which was not properly insulated against the ingress of water which, as it was raining on the day in question, led to the electrical accident.

Despite the Dublin Airport Authority and Servisair denying their liability for Patrick´s injuries at first shortly before the case was to be heard at the High Court, officials were advised that the claim had been resolved out of court.

How much Patrick received in his baggage handler electric shock accident claim was not revealed.

Woman Awarded Compensation for Fall on Moving Walkway

A woman who caught the heel of her shoe in a hole on a travelator in a Dublin shopping centre has been awarded €13.150 in compensation for a fall on a moving walkway after a hearing at the Circuit Civil Court.

Nuala Holloway Casey (60) from Blackrock in Dublin brought her action against Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited, travelator and escalator fitters, of Ballymount, County Dublin, after suffering an ankle injury at the Superquinn Shopping Centre in December 2007.

Judge Barry Hickson in the Circuit Civil Court heard that on December 21st 2007, Nuala had caught the high heel of her shoe in a hole at the entrance to a descending moving walkway and fallen heavily – damaging her left ankle. Nuala told the court that she still suffered pain in the ankle and had been forced to give up playing tennis because of the injury.

The court also heard that liability for the injury had been admitted by the joint defendants but how much compensation for a fall on a moving walkway Nuala should receive was in dispute as Nuala had failed to visit her doctor for 10 days after the accident and exacerbated her injury by a separate fall in 2009.

After reviewing the medical evidence in support of Nuala´s claim, Judge Hickson awarded the former Miss Ireland €12,000 compensation for the fall on the moving walkway plus an additional €1,250 to account for the expenses she had incurred which were directly attributable to her accident.

Delayed Hospital Compensation Action Approved in Court

A settlement of delayed hospital compensation action has been approved at the High Court in the case of Brid Courtney – two years after the brain damaged child was awarded an interim payment.

Brid, who is now nine years old and comes from Ardfert in County Kerry, was born in Tralee General Hospital in February 2003 suffering from brain damage after medical staff at the hospital allegedly failed to act on a dramatic change in the foetal heart rate pattern.

As a result of the decrease in heart beat, Brid suffered perinatal asphyxia in the womb and because of the oxygen starvation is now confined to a wheelchair from which she has to be lifted bodily. She is also unable to speak and has to depend on the use of her eyes and facial expressions to communicate with her family.

Following a claim for injury due to delayed hospital action filed through her mother – Deidre – the Health Service Executive agreed to settle the claim without admission of liability and, in November 2010, Mr Justice John Quirke approved an interim payment of 2 million Euros and adjourned the case for two years to allow for the introduction of periodic payments.

However, a system for periodic compensation payments for catastrophic injuries has still not been introduced by the government and – two years after the initial payment of compensation for delayed hospital action was approved – the case returned before the court for the approval of a final settlement.

At the High Court, Ms Justice Mary Irvine heard testimony from experts that a further 9 million Euros in compensation for delayed hospital action would be required to provide adequate care for Brid through the remainder of her expected life and, as both Brid´s mother and the Health Service Executive agreed with the expert´s assessment, Ms Justice Mary Irvine approved the settlement.

Shop Shutter Compensation Claim fSettled in Court

A woman, who suffered facial injuries when she walked into a shop shutter, has had her shop shutter compensation claim for an accident in a newsagents settled at the Circuit Civil Court in Dublin.

Yvonne McEvoy (42) from Clondalkin, Dublin, had been shopping in Tuthill´s Newsagents in the Liffey Valley Shopping Centre when, in October 2010, she was distracted by a Halloween-themed display as she was exiting the shop and walked into a shutter that was partly closed.

The shutter, Judge Jacqueline Linnane at the Circuit Civil Court was told, was often used like this as the shop was about to close to dissuade new customers from entering, but Yvonne failed to hear the warning shouted to her by a shop assistant and walked straight into it – sustaining an injury to the left side of her face.

Judge Jacqueline Linnane heard from forensic engineer Alan Conlon that closed circuit television video recordings of the incident showed a previous customer ducking underneath the shutter as he left the shop, but that Yvonne was looking to her right as she walked towards the exit. The presiding judge also heard that Yvonne had fallen pregnant in 2011 and was unable to take painkilling medication to ease the pain.

Finding Tuthill´s Newsagents negligent by lowering the shutter while there were still people in the shop, Judge Jacqueline Linnane ruled in favour of Yvonne and awarded her 17,500 Euros in settlement of her compensation claim for an accident in a newsagents.

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.

Low Hanging Poster Accident Claim Settled

A woman who walked into a Dublin advertising poster, and sustained head and neck injuries, has settled her compensation claim for low hanging poster accident for 38,000 Euros.

Sandra Memery (48)  was leaving her local MacDonald´s restaurant with her daughter on 16th September 2009 when the low hanging poster accident occurred. Having turned back towards her daughter to give her a bag, she started walking forward again, and immediately hit her head on the corner of the low hanging poster campaigning for Fianna Fail for a “Yes” vote in the second Lisbon Treaty referendum.

After feeling unwell for a day, Sandra visited her doctor, where she was diagnosed with cuts to her scalp, a swelling over her right temporal and soft tissue damage to her neck. Sandra, who is 5 ft 5 in tall (1.65m) made a compensation claim for low hanging poster accident compensation, stating that the campaign poster should have a minimum of three metres clearance from the floor.

Contesting the claim, Fianna Fail and Executive Posters Ltd jointly claimed that Sandra was responsible for her own injuries through contributory negligence and should have paid more attention to where she was going. However, shortly before Sandra´s case was about to be heard at Dublin´s Circuit Civil Court, her legal representatives announced to the court that a compensation settlement had been concurred upon in the amount of 38,000 Euros.

Car Crash Compensation Claim against MIBI Approved in Court

A man, who suffered a severe brain trauma and now requires permanent care after being thrown from a car driven by an uninsured driver, has had his car crash compensation claim against MIBI approved in court.

The man – who is a ward of court and cannot be named for legal reasons – was just 19 years of age when, in March 2008, he was a passenger in a car which went out of control, left the road and ran into a tree. The victim, who was thrown out of the car as it left the road, suffered a severe brain trauma which has left him requiring permanent nursing care and only able to communicate by means of thumb up or thumb down.

Ms Justice Mary Irvine at the High Court heard that the driver of the car had been uninsured, and that a car crash compensation claim against the Motor Insurers´ Bureau of Ireland (MIBI) had been made. She also heard that an agreement had been reached between the man´s legal advisors and MIBI to award 4.25 million Euros to the victim – an amount which had been reduced by 20 per cent to account for the man´scontributory negligence of failing to wear a seatbelt.

The judge approved the settlement of the unnamed man´s car crash compensation claim against MIBI, stating that it was an excellent settlement which would provide the car he required for the rest of his life. She also ordered that the foster mother who had been caring for the victim since his accident should receive an immediate lump payment of 544,800 Euros to cover the expenses and hospital bills she had already incurred.

Injury Compensation for Dangerous Shop Display Approved

A County Wicklow schoolgirl, who sustained cuts and abrasions after catching her leg on a faulty cake display in Dunnes Stores, is to receive 21,000 Euros in injury compensation for dangerous shop display.

Jade Earls (11) from Bray in County Wicklow had been at the shop with her mother in the Dunnes Stores at Cornelscourt in Dublin when the accident happened in July 2010. As Jade passed by a display of cakes, she snagged her leg on some rusty nails which were protruding from the support for the stand.

Judge Alan Mahon at Dublin´s Circuit Civil Court heard that Jade sustained a 10 centimetre abrasion and a four centimetre laceration in the accident and, although both had healed completely, Jade had been left with a permanent scar on her left leg.

After seeking legal guidance, Jade made a claim for dangerous shop display injury compensation against Dunnes Stores and ABF Grain Products, Grosvenor Street, London, through her mother – Fidelma. The court heard that the two defendants had accepted liability on a 60&40 basis and that an offer of shop accident compensation had been made.

Judge Mahon heard that the offer of shop accident Ireland compensation for dangerous shop display amounted to 12,000 Euros plus costs and, as the family were prepared to accept the offer, he approved the settlement.

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.

Slip on Grape Compensation Claim for Injury Upheld in High Court

A woman, who slipped on grapes which had dropped from a display outside a shop and hurt both wrists in her subsequent fall, has had her claim for slip on grape injury upheld in the High Court.

Samira Hassan (57) from Greenford, Middlesex, took the compensation action against shopkeeper Onkar Singh Gill (50) following her accident in 2005. While browsing the fruit display placed on tables outside Mr Gill´s “The Stall” shop in Greenford Road, Samira slipped on grapes which had fallen from the display and fractured both her wrists.

After seeking legal guidance, Samira made a compensation claim for slip on grape injury, claiming that the grapes on which she slipped were “mushy” and that the staff at Mr Gill´s shop had failed in their duty of care to the public. Mr Gill contested the claim – insisting that his staff had taken all reasonable steps to keep the pavement clear of debris – a County Court judge last year ruled that Mr Gill was liable for Samira´s injuries and ordered him to pay 111,859 pounds in accident compensation for slipping on a grape.

Mr Gill appealed the judge’s ruling but, at London´s High Court, Lord Justice Lloyd – sitting with Mr. Justice Morgan and Sir Stephen Sedley – upheld the County Court´s decision and order that Samira should receive her full settlement of accident compensation in respect of her claim for slipping on a grape injury.

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.

Man Awarded Scaffolding Fall Compensation

A man who fell three metres from a scaffolding tower while helping his brother make repairs to the roof of his house has been awarded 750,000 Euros in scaffolding fall compensation for fall from scaffolding after the settlement of his claim was approved in the High Court.

Patrick Rayner from Mitchelstown was helping to replace slates on his brother’s roof in Killmallock, County Limerick when the accident happened during heavy rain in December 2008. As he lent over the top of the scaffolding tower erected to allow access to the roof, Patrick fell three metres to the ground, sustaining a fractured skull injury.

At the High Court, Ms Justice Mary Irvine heard that due to his injuries Patrick has lost his hearing, has a deficit of his taste and smell senses and still suffers from frequent headaches. The judge was also told that through his wife, Julia, Patrick made a claim for scaffolding fall compensation; alleging that the scaffolding tower had not been secured to a permanent structure and that his brother had failed to make adequate provision for Patrick´s health and safety.

As liability for Patrick´s injuries was accepted, and a settlement of 750,000 Euros had been agreed, the case was before Ms Justice Mary Irvine for approval of damages only. After hearing the full details of how the accident occurred, Ms Justice Mary Irvine approved the settlement for scaffolding fall compensation, stating that this was a case of the deeds of a Good Samaritan concluding in tragedy.

Scooter Accident Court Compensation Award for Man

A motorcyclist, who sustained terrible physical and psychological injuries after being involved in a head-on crash with a van, has been awarded more than 2 million pounds in compensation for a scooter accident in London´s High Court.

Luke Brock (26) from Croydon, London, was riding his scooter along Norbury Avenue in Thornton Heath in January 2002, when a van travelling in the opposite direction did not notice  Luke make a right turn in front of him and collided head-on.

Luke, who was just 16 years of age at the time of the scooter incident, suffered a fractured right femur, fractures to both wrists, his right ankle and right elbow. His injuries forced him to give up a potential professional football career and his Business Studies Course at Coulsdon College.

London´s High Court was told that, due to the scooter accident, Luke developed severe post-traumatic stress disorder which deteriorated into major depression. Luke began living as a hermit even after his physical injuries were healed and is now dependent on his mother for 24 hour care.

The court also heard that liability for Luke´s injuries had been accepted and that the case was before them for assessment of final damages only. After some consideration, the judges awarded Luke a lump sum of 2.05 million pounds in compensation for scooter accident in London, with a further 50,000 pounds per annum for the rest of his life to enable his family to continue providing his care.

Argos Accident Compensation for Fall in Awarded in Court

A man, who slipped and fell on a discarded wet wipe in Argos, injuring his shoulder in the process, has been awarded 17,500 Euros Argos accident compensation for a fall at Dublin´s Circuit Civil Court.

Declan Conroy from Dublin had in the Ilac Centre branch of Argos in Henry Street in May 2008 when the accident happened. While in the queue for the counter to order his mother a lawnmower, he fell on a wet wipe which had fallen on the floor and fell – severely damaging his shoulder.

After receiving medical treatment, Declan made an Argos accident compensation claim for a fall in Argos against the store – alleging that their method of checking the floor for potential hazards was lacking and he had suffered an injury as a consequence.

Argos denied liability for Declan´s shoulder injury; contending that CCTV footage showed the presence of the wet wipe just six minutes before Declan´s accident and insisting that staff could not be required to constantly monitor the condition of the floor surface in such a historically low-risk store.

However, a forensic engineer – testifying on Declan´s behalf – outlined in court that, due to the extra footfall in the queuing area where Declan´s accident occurred, a higher level of attention should be applied. It was also revealed that five minutes before the wet wipe first appeared on camera, CCTV footage showed a woman pushing a baby buggy through the area.

Judge Jacqueline Linnane at the Circuit Civil Court decided that, on the balance of probabilities, it was the woman with the baby buggy who was at fault for discarding the wet wipe and, as more than ten minutes would have elapsed between the slipping hazard being present and Declan sustaining his injury, Argos was liable.  Declan was awarded 17,500 Euros Argos accident compensation plus costs.

Aggravated Damages in Whiplash Claim to be Paid by Insurers

Aggravated damages in a whiplash claim for compensation must be paid by an insurance company after failing to pursue allegations of collusion against the claimant.

Mr Justice Matthew Deery made the order against the AXA insurance company after it had accused the injured victim of a rear-end collision – James O’Sullivan, of Clane, County Kildare – of colluding with a defence witness in order to support his compensation claim for a whiplash injury.

The judge heard how the negligent driver in the case – Gary Reilly, of Ballyfermot, County Dublin – had sworn an affidavit in relation to the events of September 27, 2008, when Reilly´s taxi rear-ended O´Sullivan vehicle in Eirhouse in County Dublin.

However Mr Justice Matthew Deery said that the allegation had not been chased at the hearing and directed that AXA and Reilly pay aggravated damages of 3,000 Euros to O´Sullivan for the manner in which they had defended the whiplash injuries claim in addition to the award of 7,750 Euros for whiplash injury.

Eyebrow Wax Burn Compensation Claim Settlement for Girl

A teenage girl, who sustained a bad allergic reaction after a beauty salon treatment, has been awarded 1,000 pounds in settlement of her eyebrow wax burn claim for compensation.

The anonymous girl, who developed an allergic reaction to the eyebrow wax used in a treatment at the Crop Beauty Salon in October 2011, claimed in her action against the salon that it had failed to ensure that a safe product was used and as a result she sustained burns, swelling and redness to her eyebrows.

At the approval of her eyebrow wax burn compensation claim, the court heard how the girl returned home from the beauty salon with a headache and puffy eyes. She went directly to the Accident and Emergency Department of her local hospital where she was diagnosed with a severe allergic reaction.

The reaction lasted for three weeks, during which time the girl suffered severe pain which led to a loss of amenity. After seeking legal counsel, the teenager filed a claim for eyebrow wax burn injury compensation and, after reviewing the girl´s claim, the Crop Beauty Salon admitted liability.

A compensation settlement of 1,000 pounds was agreed uponcompensation for the girl´s eyebrow wax burn claim and, as the girl was under the age of eighteen, settlement of the claim was first approved by the court before the claim could be concluded.

Luas Accident Injury Compensation Approved in Court

A settlement of Luas accident injury compensation for an accident which left a Dublin man with traumatic brain injuries has been approved in court almost five years after the accident occurred.

Derek Cross (52) of Clondalkin, Dublin, was crossing the Naas dual carriageway in order to catch a taxi home in the early hours of 15 September 2007, after drinking at the Bluebell United Football Club until 1.30am after a golf outing with friends.

As he crossed the road to reach the Red Cow Hotel taxi stop, Derek was hit by a Luas tram travelling from Kylemore. The impact with the tram left him with multiple rib fractures and a traumatic brain injury which has resulted in Derek only being able to walk with the aid of crutches and unable to work.

Derek made a claim for Luas accident injury compensation against the operators of the Luas tram service, the Railway Procurement Agency and Veolia Transport – claiming that they had failed to take proper steps to provide appropriate signage and safe passage for pedestrians who were crossing the road lawfully.

Ms Justice Mary Irvine at the High Court heard that the defendants had denied the claims based on Derek´s significant contribution to his injuries due to his drunken state. However, an out-of-court settlement of 650,000 Euros had been negotiated which was before her for final approval.

Approving the settlement of Luas accident injury compensation, Ms Justice Mary Irvine said that it was an exceptionally good offer under the circumstances of the case, as if the claim for Luas accident injury compensation had gone to trial there was a risk of losing the case.

Negligent Brain Surgery Compensation for Former Medical Worker

A former paramedic, who was left badley disabled after doctors removed the wrong part of his brain, has accepted a seven figure settlement of compensation for negligent brain surgery from the NHS Trust responsible for the error.

John Tunney (63) from Sutton Coldfield, West Midlands, had the operation in April 2008 after an MRI scan had revealed abnormalities around his pituitary gland. However, instead of taking out the tumour, surgeons took away healthy tissue during the operation which lead to a hemorrhaging in John’s brain .

The mistake left John partly blind and needing 24 hour care. He subsequently learned that the operation had not even been necessary as doctors had not checked out the results of a blood test which would have revealed that John was suffering from prolactinoma – a benign and common pituitary tumour which can be treated with tablets.

After taking legal guidance, John – who was employed by the West Midlands Ambulance Service as a paramedic for 23 years – filed a claim for negligent brain surgery compensation against the University Hospitals Coventry and Warwickshire NHS Trust and, after an investigation, the NHS Trust admitted liability for the dual error.

John´s solicitors began negotiations with University Hospitals Coventry and Warwickshire NHS Trust over how much compensation for negligent brain surgery he (John) should be awarded and, although details of the final settlement have not been released, a settlement in excess of one million pounds has been agreed.

Toy Store Compensation for Fall in Approved in Court

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

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

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

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

Holiday Sun Lounger Injury Compensation For Irish Tourist

An Irish tourist, who suffered head and neck injuries when a poolside lounger collapsed while she was on it, has been awarded 38,000 Euros in holiday sun lounger injury compensation by a court in Dublin.

The Dublin Circuit Civil Court was told that Mary Lee (74) was enjoying a week´s hp;iday with her husband at the Hotel Galeazzi in Brescia, Italy, when the sun lounger on which she was reclining collapsed, causing Mary to fall to the floor and bashed her head on the concrete poolside.

As she sat in an upright poisiton, Mary felt disorientated and dizzy, and was immediately taken to the local hospital in Brescia where she was diagnosed with severe soft tissue injuries to her head, neck and spine. Mary was given painkilling tablets at the hospital, but continued to suffer from the pain of her injury and was bedbound for the remainder of her holiday.

On her return from the vacation, Mary visited her local GP and was prescribed stronger painkillers. Unfortunately the pains persisted in Mary´s neck and shoulders and she was not able to pursue a normal life. After advice of a legal nature, Mary made a claim for holiday sun lounger injury against the travel agents through which she had booked her holiday.

The travel company did not accept liability for the injuries Mary had suffered and sought to have the owners of the hotel brought into proceedings as third party defendants. However, at the judge  ruled in Mary´s favour and awarded her 38,000 Euros in holiday sun lounger injury compensation.

Bank Accident Injury Compensation Agreed out of Court

A lady who was struck on the head by a ceiling brick and a light fitting while at the counter of her local Barclays Bank has agreed to an out of court settlement of injury compensation for an accident in a bank.

The accident occurred to the Barclays´ customer in February 2011 as the woman reached the counter of the bank. A brick fell from the ceiling and hit the lady on her head. As she fell forward, a light fitting and more bricks dropped from the ceiling – hitting the woman at various locations across the neck and shoulders.

Although remaining conscious, the customer sustained a laceration to the top right-hand side of her head and bruising across her shoulders. Movement in her upper arms was restricted by a neck pain and soreness and, for some weeks, the woman – who was prescribed anti-inflammatory tablets along with paracetamol and amytriptyline – suffered from nausea and headaches.

After seeking legal guidance, the woman made an injury compensation claim for an accident in a bank against Barclays, claiming that the bank had breached statutory duty in failing to ensure that the premises were adequately maintained and structurally safe. After investigating the logistics of the accident, the bank accepted liability for the woman´s injuries and injury compensation for an accident in a bank amounting to 1,500 pounds was agreed between the two parties.

Judge Orders CCTV Release in Dublin Bus Injury Claim

A judge in Dublin´s High Court has ruled that Dublin´s bus company has to release CCTV footage to solicitors representing a claimant in a Dublin Bus street accident compensation claim.

The judgement was made by Mr Justice John Hedigan following years of stalling by the bus company and rulings made in the claimant´s favour by the Data Protection Commissioner and Judge Jacqueline Linnane in the Circuit Civil Court. The bus company had argued that the information they possessed about the claimant was privileged and, as potential evidence in litigation, they were not willing to release it.

The Dublin Bus injury claim first started in October 2009, when a female claimant from Dublin alleged that she had suffered an injury aboard a Dublin Bus the previous year. Dublin Bus refused to accept liability for the woman´s injuries and the Injuries Board Ireland declined to assess her application for Dublin Bus street accident compensation.

In preparating for court proceedings, the claimant´s solicitor were advised of the existence of CCTV footage taken aboard the bus and were shown a video relating to their client´s claim for Dublin Bus injury compensation at Dublin Bus´s office. A request for a copy of the video was denied and, even after the claimant´s legal team had complained to the Data Protection Commissioner, Dublin Bus continued to withhold the CCTV footage.

Dublin Bus appealed the Data Protection Commissioner´s decision to release the video and sent their case to the Circuit Civil Court. However, in July 2011, Judge Jacqueline Linnane ruled that the bus company should release the video to the solicitors on the grounds that the claimant had every right by law to ask for access to the CCTV footage in support of her Dublin Bus injury claim and that Dublin Bus had no right to withhold it.

Dublin Bus then chose to delay a resolution to the street accident compensation claim for Dublin Bus injury compensation by appealing Judge Linnane´s decision to the High Court, but Mr Justice John Hedigan found in favour of the claimant, stating that that Dublin Bus had “not raised a point of law giving rise to grounds for overturning Judge Linnane’s decision”.

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.

Pothole Cyclist Compensation For Man

A man, who suffered arm and wrist injuries after falling from his bicycle when hitting a pothole in the road, has won his pothole cyclist compensation claim against his local council.

James Tarrant (62) from Windsor, Buckinghamshire, was cycling to work one morning in October 2008 when his bicycle fell into a pothole which had formed beside a manhole cover on Bangor Road, Iver. In addition to suffering arm and wrist injuries, James also had to undergo some dental treatment to have a tooth extracted as a result of his accident.

After seeking legal guidance, James made a fell in pothole compensation claim against Buckinghamshire County Council, claiming that the road was in a state of disrepair and, although he had his bicycle lights on, the road was so poorly lit that he only saw the hazard when it was too late to take evasive action.

After their own examination into the accident, Buckinghamshire County Council admitted liability for James´ injuries and awarded him 4,191 pounds for cyclist fall in pothole compensation to account for his pain and suffering and the cost of dental treatment.

Car Passenger Accident Compensation Settled in Court

A man, who suffered a catastrophic brain injury after the driver of the car in which he was travelling lost control of his vehicle, has had a negotiated settlement of compensation for injured car passenger accident approved in court.

Marc Dallaway (24) from Farnborough, Hampshire, was the front seat passenger in a friend’s car on the A323 Fleet Road, when his friend lost control of the vehicle and hit another car travelling in the opposite direction. The car turned over after the accident and Marc sustained multiple fractures and a catastrophic brain injury as a result of the accident.

Marc’s mother and grandfather made a car crash injury compensation claim on behalf of Marc and the Royal Courts of Justice in London heard that, since the collision in May 2006, Marc has made a better recovery than had been expected but still needs 24 hour care and rehabilitation support – and will do so for the rest of his life.

The Court also heard that the driver had accepted liability for the accident and that Marc had already received a lump sum and interim payments of accident compensation for injured front seat passenger. This had allowed Marc´s family to purchase an appropriate home and provide the care that Marc has required for the past five years.

The final car passenger accident compensation settlement figure was not revealed by the Court, but is anticipated to be above 1 million pounds.

Hit and Run Compensation For Another Cyclist

After the news of a catastrophically injured cyclist who last month received compensation for a hit and run accident, another cyclist has been awarded hit and run compensation after the car driver that knocked him from his bike was traced and charged with reckless driving.

Jack Dixon (59) was cycling his bike from his local station to his home in Great Waltham, Essex, during a September evening in 2010, when a car cut left immediately in front of him to avoid some temporary traffic lights that were situated directly ahead. The car struck the front wheel of the cycle with force, and sent Jack tumbling onto the road – leaving him with a fractured shoulder blade and a dislocated shoulder.

The motorist speeded off, but a bystander who had witnessed the accident gave chase and was able to take down the car´s registration number. Police and solicitors acting on behalf of Jack were eventually able to track down the reckless motorist, who accepted liability for accident and Jack´s injuries. The solicitors got in touch with the driver´s insurance company, and a settlement of 11,000 pounds hit and run compensation was negotiated.

Tassimo Recall Likely to Lead to Burns Injury Compensation Claims

Claims for compensation for burns are likely to follow the recall of the Tassimo coffee maker in the United States and Canada, after the makers acknowledged that at least 160 cases of burn injuries and scalding were attributable to a design fault.

More than 1.7 million Tassimo coffee machines have been taken from store shelves in North America after the Consumer Product Safety Commission (CPSC) found that the machine´s T-disc – the plastic pot containing the coffee – could explode and shower bystanders with scalding water. Thirty-seven occurences of second-degree burns have been reported to the CPSC, including the case of a two-year-old girl who was hospitalised after suffering burns to her face.

The Tassimo coffee makers, which are still for in the UK, have been marketed worldwide since 2008, and the Tassimo coffee maker recall has been extended to include 4 million Gevalia, Maxwell House and Nabob espresso T-discs still believed to be in circulation in American grocery stores. The recalled discs are for sale in packets of eight and sixteen and, like the Tassimo coffee making machines, are still available in stores in the UK.

Compensation claims for Tassimo burns are likely to be made against BSH Home Appliances Corporation – the makers of the Tassimo coffee makers – who are located in Irvine, California. Burn injury compensation for a burn from a Tassimo coffee maker should also account for any permanent scarring resulting from a Tassimo coffee maker burn and – especially when a child has been scalded by a Tassimo coffee maker – consideration should be made for any ongoing psychological injury.

RTE Employee Wins Work Fall Compensation Awarded to

An employee of RTE, who fell and hurt his elbow while trying to unsnag a curtain during a show rehearsal for The Saturday Night Show, has been awarded 18,500 Euros in work fall compensation at the Circuit Civil Court.

Arthur McMullan (59) of Goatstown, Dublin, was working for the national broadcaster as a props assistant when the accident occurred in the RTE studios in February 2010. Attempting to unsnag the stage curtain from a mirror ball, Arthur fell over a studio floor lamp and injured his left elbow.

In his claim for fall at work fall compensation, Arthur alleged that RTE were aware of the curtain consistently presenting an issue and, in support of his claim, the court was shown a video clip of a broadcast show in which presenter Brendan O´Connor had to hold back the curtains during a performance by doo-wop band The Overtones.

Judge Jacqueline Linnane at the Circuit Civil Court also heard Arthur´s compensation claim for falls at work support by a colleague at the RTE studios, who alleged that the curtains had been an ongoing problem for a number of years. Arthur´s legal representative also advised the judge that Arthur still felt pain in his elbow two years after the injury had been suffered.

After hearing the evidence relating to Arthur´s fall at work compensation claim, Judge Jacqueline Linnane awarded Arthur 18,500 Euros in work fall compensation.

Food Poisoning Compensation Claims Could Follow Watermelon Scare in Ireland

People sustaining food poisoning from contaminated watermelons could be entitled to make salmonella compensation claims following the news that the Food Safety Authority of Ireland are investigating four cases of illness which are believed to be attributable to imported fruit from Brazil.

One person is known to have died in England after eating a watermelon slice containing “Salmonella Newport”, with scores more food poisoning cases being investigated throughout the Europe. Typically, illnesses have commenced within three days of consuming a pre-packed slice of watermelon and symptoms of the illness including vomiting, abdominal pains, fever and diarrhoea last for four to seven days.

The advice issued by the Food Safety Authority of Ireland is to completely wash all fruit and vegetables before consuming them and, should the symptoms of food poisoning commence, seek medical attention immediately. Quick treatment with antibiotics will reduce the effect of the salmonella food poisoning and ensure a quicker recovery from the illness.

People who are found to be suffering from food poisoning attributable to watermelon slices are urged to get claims advice from a solicitor before making salmonella compensation claims directly to the Injuries Board. Inasmuch as the respondent in your claim is likely to be the retail outlet from where the poisoned watermelon was purchased, the Food Safety Authority of Ireland may establish a different negligent party in the course of their investigation.

Hit and Run Accident Compensation Tops Four Million Pounds

A cyclist, who suffered catastrophic brain injuries after being the victim of a hit and run accident, has been awarded four million pounds in accident injury compensation by the High Court in London.

Patrice Gougam (55) of Enfield, Middlesex was cycling on the Great North Road (A1000) in November 2009, when he was struck by a Land Rover driver by Michael Elliot (66) of Potters Bar, Hertfordshire. Mr Elliot drove away from the scene and, when he later gave himself up to police, stated that he had no knowledge of the accident.

Patrice, who before his accident was a professional tennis coach, was in a coma for three weeks and spent the next six months in hospital. In total, he remained in hospital for twenty-one months after the hit and run accident and still requires round-the-clock care.

The High Court was told that the hit and run driver was being medically treated for glaucoma and cataracts at the time of the accident and should not have even been driving on that fateful day in November 2009. He was subsequently charged with dangerous driving, for which he was jailed for eight months, and banned from driving for three years.

Revealing the four million pounds award of bike accident injury compensation against Michael Elliot and his insurers, the judge praised Patrice´s wife Virginia, who had managed to work part-time, care for Patrice and find a home with disabled access so that the couple could stay together.

Ruined Holiday Cruise Compensation Award Offered

Holiday makers who were on the Costa Concordia cruise ship which capsized on January 13, 2012, after straying off-course and hitting a submerged rock have had 11,000 Euros (14,460 dollars/9,180 pounds) compensation for ruined cruise offered to them by Costa Crociere SpA – the Italian subsidiary of Carnival Cruises.

The offer of compensation for ruined cruise was made after negotiations between the company and consumer groups in Italy, and compensates any passenger who was saved from the stricken ship that did not suffer any physical injury. Those that did will be approached individually, according to the statement released by the cruise company.

The ruined cruise compensation award offercover the psychological trauma that passengers may have suffered on that disastrous evening in January, and for any personal effects they may have lost when the cruise ship sank. However, some consumer groups are not happy with the extent of the compensation offer, and are advising passengers aboard the ship to seek professional medical advice before accepting it.

Those of the 4,197 crew and passengers who do take the compensation for ruined cruise will get their money within seven days, however the offer comes with the proviso that acceptance disqualifies passengers from making future compensation claims for injuries against Costa Cruises or any of its associated companies.

GP Over-prescription Claim Investigated

The Medical Council is looking at a number of GP over-prescription claims against a Dublin GP who allegedly over-prescribed psychoactive benzodiazepines.

It is claimed that Dr Mohammed Ahmed Khan, with a practice on Wicklow Street, Dublin, prescribed up to four times the recommended dosage of drugs such as Valium to patients suffering from anxiety and depression. The Medical Council are also looking into allegations that Dr Khan failed to make adequate enquiries as to whether any of the patients he was prescribing these drugs to were already being treated by another doctor.

Dr Khan has also been accused of poor professional performance due to his alleged failure to refer some of his patients with a dependency on benzodiazepines to drug treatment centres or specialist substance misuse practitioners and due to his reliance on prescription drugs where an alternative form of treatment may have been more beneficial to the patient or in their best interests.

The Medical Council is the regulatory body for doctors to practise medicine in the Republic of Ireland.  Its statutory role, as outlined in the Medical Practitioners Act 2007, is to protect the public by promoting and further ensuring high standards of professional conduct and professional education, training and competence among registered medical practitioners.

Hospital Work Injury Claims Prevalent in Kettering

Kettering General Hospital Trust has announced that it has paid out more than 300,000 pounds in hospital injury compensation to its own staff in the past five years – the biggest proportion of which was attributable to falls at work compensation.

Claims for injury at work were made on over 40 occasions between 2006 and 2011 for injuries sustained by staff at the hospital due to falls, manual handling injuries, lifting accidents, abuse by patients and incidents involving sharp objects such as needles.

Liz Libiszewski, nursing and quality director at Kettering General Hospital, explained that statistics for injury at work claims settled in any given period do not offer relevant information on safety during that period. “Legal claims – particularly disputed ones – can take several years to settle, so any set of figures would include claims which were a number of different years old,” she said, adding that the establishment’s safety record “is comparable with other hospitals”.

The Trust´s chief executive, Lorene Read went on “Kettering General Hospital takes staff safety very seriously indeed and we have many measures, training schemes and policies and procedures in place to prevent accidents. These include compulsory induction and refresher training courses in lifting and moving patients and other objects, health and safety at work training, and training around the correct use, and disposal, of syringes and needles.

The Trust is insured for hospital work injury compensation claims above the 10,000 pounds excess it has to pay itself.

Golf Injury Compensation Claim for Woman

A woman who was hit in the face by a badly struck golf ball as she was leaving her local golf course has been awarded 7,500 pounds in golf injury compensation.

Rachel Davis was walking back to her car after playing nine holes of golf at the Branston Golf and Country Club in Staffordshire when a golf ball struck her in the face, causing her to fall to the ground. The force of her fall caused damage to her teeth, cuts to her lips and bruising elsewhere on her body. Rachel received immediate medical treatment in hospital for her injuries but was forced to take the following week off of work.

After seeking legal counsel, Rachel made a claim for golf injury compensationagainst the Golf and Country Club. An investigation by East Staffordshire Borough Council was also begun, in which it was found that there were no warning signs in place to advise golfers of the hazard and that a fence which had been erected to prevent accidents of this nature was too low and in a state of disrepair

The Golf and Country Club was prosecuted by East Staffordshire Borough Council and was discovered to be in breach of the Health and Safety at Work Act 1974. The Club was fined 5,000 pounds with a further 3,515 in costs, while Rachel was awarded 7,500 pounds in golf injury compensation.

Asda Worker Awarded Slip Compensation

A former Asda employee has been awarded 27,000 pounds in slip compensation after injuring her back when falling on a broken egg in the store´s warehouse.

Irene Heslop (65) from Fallowfield, Greater Manchester, suffered her injuries in March 2007 while working as a bakery assistant in the Hulme Asda shop in Greater Manchester. Doctors diagnosed her with a suspected spinal fracture which left her not able to walk long distances or lift heavy objects.

As her condition worsened, Irene asked that Asda put her on lighter duties in order that she could return to work. The company refused, and Irene went on to draw Statutory Sick Pay until the six month period expired after which time she was given industrial injury benefit at 24 pounds per week.

After seeking legal guidance, Irene made a compensation claim against the Asda store in Hulme which was supported by doctors at the Manchester Royal Infirmary. After performing their own investigation, Asda recognised that Irene´s lifestyle had been seriously curtailed by the accident and agreed to a 27,000 pounds personal injury compensation settlement.

Poly Implant Prothese (PIP) Compensation Likely in the UK

Thousands of breast implant recall compensation claims could come from women worried about the Poly Implant Prothese (PIP) recall in the UK.

When the recall was first revealed in March 2010, the advice provided at the time by the French medical device regulatory authority AFSSAPS was for women who were concerned over their PIP breast implants to undergo an ultrasound scan to check for suspected ruptures of the implant sac.

Subsequently it was revealed that the recalled breast implants, which have a higher incidence of rupturing than is usual, also contained an unauthorised silicone gel which could cause an inflammatory reactions in certain women. Now health officials in France are informing all women who have received PIP recalled breast implants to have them removed.

Though the UK´s medicines watch dog – the Medicines and Healthcare products Regulatory Agency – insists there is no risk of cancer from this lower grade silicone gel, one woman in France is known to have died due to anaplastic large cell lymphoma and many women in the UK have suffered unusual and painful symptoms once the silicone gel has secreted into their lymph nodes.

With the maker of the recalled breast implants having gone out of business since the recall, breast implant recall compensation claims are being directed against the clinics and surgeries which originally performed the breast implant operation – not only for the physical ailments caused by the ruptured implants, but for the emotional distress of suffered by the affected women who may not yet be aware of how badly their health has been affected.

Car Park Slip Compensation for Shop Car Park Victim

A woman, who slipped and fell on her way from a supermarket car park to the stores, is to receive an undisclosed amount of shop injury compensation after the shopping centre owners admitted liability for her injuries.

Gweneth Bowler (64) from Quorn, Leicestershire, broke her right shoulder and hip when falling on a wet surface that had formed within the covered bridge area connecting the Highcross Shopping Centre car park with the stores.

Following the slipping incident, which happened in January 2011, Gweneth wrote to Leicester City Council about her fall and injuries which prompted a health and safety investigation into the hazard. The investigation showed that the surface of the bridge posed a high risk of slipping when the weather was wet and that there was evidence of inadequate cleaning.

After seeking legal guidance, Gweneth then sued the owners of the shopping centre – Hammerson PLC – who accepted liability and negotiated an undisclosed settlement of shop injury compensation to account for the pain and suffering that Gweneth experienced at the time of her injury and her ongoing inability to drive and lift items of any weight.

Faulty Shoes Foot Injury Compensation Settled On

A man whose feet erupted in blisters due to the high irritant content in a new pair of shoes has settled his foot injury compensation claim against the makers in an out-of-court compensation settlement.

Chris Heleine (51) from Huddersfield, West Yorkshire, had bought the Sperry Top-Siders shoes from the Leeds branch of Hip Menswear in April 2009 before going on vacation to Spain. However, within hours of donning the shoes, his feet had erupted into big blisters and he was rushed to hospital.

Medical staff at the hospital in Menorca burst the blisters and drained the fluid that had collected underneath but, following the initial treatment, Chris had to return to the hospital each day for a week to have his dressing changed as the high humidity in Menorca could have resulted in both feet becoming infected.

On his return to the UK, Chris took legal guidance, and his solicitors arranged to have the chemical content of the shoes analysed. The results of the analysis showed unusually high levels of 2-Mercaptobenzothiazole – a classified irritant and the causing factor of Chris´ blisters.

Chris took a foot injury compensation claim against the manufacturers of the shoes – American company Collective Brands – and, after they carried out their own independent chemical analysis, the company admitted liability for Chris´ injuries and paid a four-figure sum in settlement of the foot injury compensation claim.

DePuy Compensation For “Poster Girl” For Faulty Hip System

A retired gymnast, who promoted the DePuy ASR Hip Replacement System prior to the product´s worldwide recall last year, is making a personal injury compensation claim against the product´s manufacturers Johnson & Johnson following difficulties with her own DePuy hip replacement system.

Penny Brown (51) of Bath, Wiltshire, had a hip replacement procdure in 2004 to relieve her from the constant pain of osteoarthritis. At the time of the procedure, the DePuy ASR hip replacement system transformed her life to such a degree that she agreed to become the “face” of DePuy and promote their hip replacement systems throughout the UK.

Between 2004 and 2008, Penny was DePuy´s “patient brand” and her image was used throughout the world. Penny also gave interviews about the advantages of the DePuy ASR hip replacement system and counselled patients about to have implant surgery. However, in 2009, Penny started to notice a groin pain which was diagnosed as being caused by the hip replacement system and, as the wear and tear increased, felt a clunking sensation whenever she walked anywhere.

In May this year, Penny was advised that she would need further surgery which would mean the removal of the DePuy ASR hip replacement system and a replacement system installed.  She underwent her additional operation last month, and has been bed-bound and unable to work ever since. “My life has been devastated” Penny told her local newspaper, “I not only feel let down personally but also feel guilty that I might have encouraged others to have the ASR implanted.”

Pedestrian Brain Injury Compensation Settlement for Victim

The family of a father of two, who suffered brain damage when hit by a speeding car, has agreed a 300,000 pounds pedestrian brain injury compensation settlement with the negligent driver´s insurers.

Zahid Hussain (30) of Blackburn, Lancashire, was crossing the street near his home in March 2007 when he was struck by a silver Volkswagen Golf and was left fighting for his life after sustaining four fractures to his skull and swelling on the brain.

Although Mr Hussain has partially recovered from his injuries, he still suffers cognitive and psychological problems and has been forced to move from the family home in Blackpool to his parent´s home in London.

In the High Court in London, Judge Alison Hampton QC was told that the two parties had agreed on the amount of compensation that should be paid and, approving the settlement commented that “I hope the money can be put to good use, and in the best interests of the claimant.”

Cerebral Palsy Birth Injury Settlement of 1.4 Million Euros Approved in Court

A young woman, who was found to have cerebral palsy shortly after her birth, has had a cerebral palsy birth injury settlement of 1.4 million Euros approved in the High Court.

Deborah French (24) was diagnosed with cerebral palsy shortly after her birth in August 1987 at Wexford General Hospital. Her parents brought a claim for birth injury compensation against consultant obstetrician Harry Murphy and the South Eastern Health Board, alleging that Dr Murphy had been negligent in the hours in the run-up to and during Deborah´s birth.

The case was settled without admission of liability by the defendants, a course of action supported by Mr Justice John Quirke as he approved the cerebral palsy birth injury settlement, stating that the conflicting opinions offered by medical experts may have put the family at risk of getting nothing in a trial.

The judge recommended that the funds be transferred to Deborah´s parents – Ann and John French – in annual increments of 100,000 Euros.

Avoidable Toe Injury Nets Postal Worker 16,000 Euros

A postal worker, who damaged the big toe on his right foot when a package of floorboards fell onto it, has won his claim for avoidable toe injury at the Circuit Court in Dublin.

Edward Pyne, aged 61, of Balbriggan, County Dublin, brought his claim against An Post after the accident in November 2006 left him needing several operations for an ingrown toenail which had resulted from the injury. He also argued that he had sustained from several infections which had developed in the injured toe.

Circuit Court president, Mr Justice Matthew Deery was shown how An Post should have supplied steel toe-capped boots as part of a postal worker´s uniform, but Edward had previously worn out the pair that had been most recently given to him three years previously. Consequently the shoes he was wearing on the day of the avoidable toe accident offered insufficient protection against such an accident happening.

An Post denied responsibility for Edward´s claim, but Mr Matthew Deery heard testimony that many of Edward´s colleagues at the Balbriggan Post Office also failed to wear the obligatory steel toe-capped footwear, and had An Post provided better supervision of their staff, the accident could have been avoided.

Upholding Edward’s avoidable toe injury compensation claim, Mr Justice Matthew Deery stated that he was satisfied that An Post had failed to provide adequate protective footwear for their staff, and awarded Edward 16,000 Euros in personal injury compensation.

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.

Taxi Accident Girl Awarded 3 Million Pounds

A 22-year-old woman, who suffered severe brain injuries when she was hit by a taxi when only 14 years of age, has had a 3 million pounds compensation settlement approved by the High Court in London.

Vicki Hart was crossing a road in January 2004 when the taxi driver failed to see her due to wet weather conditions and knocked her down. Vicki suffered many injuries including a broken neck, a fractured skull and brain damage which later caused a major stroke. Doctors said that it was likely at the time of the incident that she would die, however Vicki survived her injuries – although now experiencing profound disabilities which mean she requires 24-hour care.

A 3 million pounds brain injury compensation settlement was agreed upon with the insurers of the negligent driver and, in London´s High Court, Judge Mr Justice Spencer said that he had “no hesitation” in approving the compensation agreement – praising both Vicki´s mother, Karen, and her step-father for their commitment and devotion to Vicki.

Fairground Injury Compensation Awarded to Young Girl

An unnamed 13-year old girl, who suffered bruising and abrasions after falling beneath a faulty fairground safety restraint bar, is to receive 750.00 pounds in personal injury compensation from the operator of the ride.

The girl had been at the Copmanthorpe Carnival in York, where she went on a ride called as the “Cliffhanger Miami Trip, where riders sit in a row and are taken up, down and round at speed. Soon after the ride began, her restraint bar became loose and the girl slipped underneath it – falling four metres onto a concrete surface and narrowly missing moving steelwork.

The girl was brought to nearby Selby Hospital suffering from bruising and abrasions and sent home after treatment. Following a Health and Safety Executive investigation into the incident, Terry Reynolds, 28, of Dewsbury, West Yorkshire, was found guilty of negligently operating the ride and in breach of the Health and Safety at Work Act 1974 by failing to take reasonable care of those affected by his work activities.

Selby Magistrates’ Court gave Reynolds a three-year conditional discharge and ordered him to pay £750 fairground injury compensation to the injured girl.

Wrong Side of Road Car Accident Compensation Settlement Agreed

A pensioner, who received severe injuries when she was involved in a car accident with a foreign driver who was driving on the incorrect side of the road, has settled her car injury compensation claim with the driver´s insurers.

Ann Roberts (79) of Battenhall, Worcestershire, had been travelling between Leominster and Ludlow on the B4361, when French motorist Alain Le Den collided with her because he had been driving on the wrong side of the road.

Ann, a former teacher, had to air lifted to Birmingham´s Selly Oak hospital, where she was treated for several broken bones and a collapsed lung. She also hada brace attached to her skull to assist keeping her neck from sustaining further damage.

Mr Le Den´s French car insurance company agreed with the police reports and Ann´s evidence that their client was negligent and agreed an out-of-court settlement to provide her with car injury compensation for the injuries she sustained in the accident.

PTSD Compensation for Father after Daughter´s Death

A father, whose daughter was killed by a careless driver who had just passed his driving test, has been awarded 25,000 pounds by Cardiff Court of Civil Justice for the psychological injury he suffered due to the fatal accident.

Terence Jones, of Ebbw Vale, Powys, told the court and His Honour Judge Seys Llewellyn QC how the death of his daughter, Louise (16), along with three friends in November 2006 had caused him to suffer Post Traumatic Stress Disorder (PTSD) in the aftermath of the incident.

In a civil case taken against the careless driver – Craig Ramshaw (22) – Mr Jones claimed that he was a secondary victim and was supported in his claim by psychiatrist Dr David Thomas. Dr Thomas gave expert testimony that Mr Jones had required psychiatric treatment since the accident at Llangynidr Moors.

The judge advised Mr Jones that no amount of money could compensate for the loss of a daughter, but agreed with the plaintiff that he had suffered a psychological injury and awarded him personal injury compensation of 25,000 pounds – the settlement to be made by Mr Ramshaw´s car insurance company.

Hotel Bedbug Bite Compensation of 3,200 Pounds Awarded to Sisters

Two sisters, whose stay in London was ruined by the bites they received from bedbugs present in the bedding at their hotel, have each been awarded 1,600 pounds in compensation in an out-of-court settlement.

Melanie Carmen (59) from Whitstable, Kent, and Joy McDonagh (51) from Sidcup, Kent, stayed three nights in London at the Airways Hotel in Victoria in February 2010 to celebrate Joy´s 50th birthday. However, after their first night in the hotel, both were covered in bites from an infestation of bedbugs.

They reported the issue to hotel staff and requested that they were moved to another room. However, there were also bedbugs in the change of room and, after two further nights of poor sleep, the women had a total of 138 bites between them.

After seeking legal guidance, Melanie and Joy sued the Airways Hotel for personal injury compensation and without accepting liability, the hotel settled out of court – paying each 1,600 pounds to cover the women´s medical expenses and loss of earnings as they were unable to immediately return to work after their visit to London.

Broken Leg Holiday Accident Woman Compensated

A tourist, who broke her leg and suffered head injuries when falling down a pool maintenance shaft while holidaying in Turkey, has been compensated by the holiday firm through who she booked her vacation.

Michelle Dragon (49) from Southend, Essex, had been on holiday with some friends in the resort town of Marmaris in 2006, and was returning to her room at the Club Sarba Hotel when the accident happened. A shaft which was used for storage and pool maintenance had been left uncovered by hotel staff and Michelle – not aware that the grill had been removed – fell down into the shaft, knocking herself unconscious and breaking her right leg.

Due to her injuries Michelle spent ten days in a Turkish Hospital, during which time she underwent two operations in order to attach metal plates to her broken leg in order for her to travel home. On her return to the UK, Michelle underwent eight months of rehabilitation – having to re-learn how to walk again with a metal brace attached.

In 2008, Michelle was capable of returning to work – although only for 25 hours per week – but, in 2009, she had to undergo a further operation to take a bone graft from her hip to fuse her damaged ankle. At the time Michelle´s doctors were afraid that she may lose her leg, but Michelle recovered sufficiently to walk with the assistance of crutches.

After taking legal counsel, Michelle sued the travel firm through which she had booked the holiday – Goldtrail Holidays – and although they had gone out of business in 2010, a settlement was reached with their insurers for an undisclosed six-figure sum.