Category Archives: Compensation

Hospital apologises to couple whose baby daughters died for issuing incorrect genetic report

Our Lady's Children's Hospital, Crumlin, has apologised to a couple for the shortcomings in care provided to them and that an incorrect genetic report was issued to them. The couple sued in the High Court for nervous shock in the case which centred on genetic screening and chromosomal abnormalities involving two of their children. In the High Court today Mr Justice Kevin Cross was told the case could be struck out. The terms of the settlement in relation to both cases of nervous shock are confidential. The couple's counsel, Dr John O'Mahony SC, read out a letter of apology to the couple from the chief executive of Our Lady's Children's Hospital, Crumlin, Sean Walsh. It stated: "I wish to again reiterate the apology contained in the Review Report of August 4, 2017, to you...
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High Court awards man €66k for fall at work

A man who suffered injuries to his shoulder, hip and knee after he tripped at the entrance of where he worked has been awarded over €66,000 in damages by the High Court. The award was made by Mr Justice Denis McDonald in favour of Mr Colie Conneely, who the judge said suffered "a very nasty injury" following a fall that occurred at the entrance of the Thermo King factory in Galway on 17, 2014, when he was returning from lunch. Mr Conneely claimed he tripped after his foot struck a lip between the top of a paving slab and the top of an adjoining concrete channel next to the entrance to the factory building. He had worked at the factory for more than 30 years. The Judge said he was satisfied that the...
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€5.9m settlement for man who lost sight due to Medical Negligence

The High Court has approved a settlement of €5.9m in the case of a man who went blind because of mistakes in his medical treatment. Brendan Doyle, 49, had a mild disability since his birth but had lived almost independently with some supports. However in June 2011 a shunt to drain fluid from his brain became infected and was removed at Beaumont Hospital. He was discharged home without the shunt being replaced. As a result, his condition deteriorated and he lost his sight. His lawyers told the High court the tragic consequences of the error was that he is now totally blind. They said Mr Doyle had been able to cope reasonably well with his pre-existing disabilities but this was "the final straw". He had to move out of his accommodation and live in a nursing home which he...
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Garda awarded €8,000 after false claims on internet

A garda sergeant, who was for several years harassed and intimidated by false claims posted about him on the internet, was awarded €8,000 damages at a garda compensation hearing in the High Court on Monday.

Mr Justice Michael Twomey said the damages related to personal injuries suffered by Sgt Conor Gilmartin as a result of the internet posts and were not in relation to damages for injury to character.

When Judge Twomey asked Sgt Gilmartin if he had considered suing 57-year-old architect Sean Carraher for defamation of character, Sgt Gilmartin said he could not afford to and his representative body, the Association of Garda Sergeants and Inspectors (Agsi), had refused to fund such a claim.

Sgt Gilmartin, who was transferred from Shankill in Co Dublin to a station in Co Cork as a result of...

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The parents of a Sligo girl, who died in hospital after taking ill in a restaurant, are suing the HSE

THE PARENTS OF a Sligo student who died suddenly in 2017 are suing the HSE. 19-year-old Lisa Niland, a native of Curry in the western county and a student at the University of Limerick, took ill while eating in a fast food restaurant in Carraroe in January 2017. It’s understood that she first attended Sligo University Hospital for a number of days before transferring to Beaumont Hospital in Dublin by air ambulance, where she passed away on 20 January. The cause of her death has not been made public. Last week her parents, Angela and Gerry Niland, launched separate High Court proceedings against the HSE, as opposed to an individual hospital. The nature of the lawsuits are as yet unclear. Damien Tansey Solicitors of Sligo, who describe themselves as specialists in medical negligence and personal injury claims, are...
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Pret A Manger was warned over allergy alerts year before girl’s death, inquest told

Pret A Manger did not label “artisan” baguettes as containing sesame seeds despite six allergic reaction cases in the year before a teenager’s death, an inquest has heard. Natasha Ednan-Laperouse, 15, suffered a fatal reaction to a sandwich from the outlet, which she had not realised contained the ingredient, on July 17 2016. An inquest at West London Coroner’s Court was told the packaging failed to mention that sesame seeds were “hidden” in the dough. On Tuesday, it emerged that a “specific warning” about the dangers of not signposting the allergen had been given to the food chain the previous year. Pret baguettes described as “posh” or “artisan” were said to contain sesame seeds, including the artichoke, olive and tapenade one that Natasha ate. A complaint log for the company from between July 17, 2015...
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Sir Elton John and David Furnish accept libel damages over ‘dog attack’ slur

Sir Elton John and David Furnish have accepted “significant” libel damages over a newspaper claim that their dog inflicted “Freddy Krueger-like injuries” on a child at a play date. The couple, who were not at London’s High Court today, brought proceedings against News Group Newspapers (NGN) over a front-page story in The Sun on Sunday in February. Their solicitor, Jenny Afia, told Mr Justice Nicklin that the item, captioned “Elton’s Dog Did This To My Girl”, also appeared on the Sun’s website and was picked up by a number of other publishers including the Mail Online, the Metro, the Mirror and the Evening Standard. She said: “The story described an incident at the claimants’ home at which a young child at a play date had been subjected to a serious attack by their dog, which...
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Commission calls for new judicial guidelines for personal injury claims

New judicial guidelines for personal injury claims have been recommended as "a matter of urgency" by an official report. Compensation for 'whiplash' claims here are running at 4.4 times the level in Britain according to the Personal Injuries Commission. The Commission found that the average soft tissue award is €17,338 compared to just €3,984 in Britain. Commission chairman Justice Nicholas Kearns stated in his second and final report, that while genuine claimants need adequate compensation, the negative impact of high premiums on businesses and consumers had to be recognised. Justice Kearns said awards here are a "stark multiple" of that in other countries. He said "the multiple that has emerged in the benchmarking process is so significant that the Commission is satisfied that it calls for a response that is effective and achievable in the...
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Conor McGregor sued by UFC fighter after Brooklyn bus attack

MIXED MARTIAL ARTIST Michael Chiesa has filed a lawsuit against his fellow UFC lightweight Conor McGregor following the Irishman’s attack on a bus at Barclays Center, Brooklyn, back in April. The 30-year-old filed the suit in Kings County, California on Monday, five months after McGregor’s barrage of the bus left him with cuts on his face and cost him a significant paycheck as he was forced to withdraw from his fight versus Anthony Pettis at UFC 223. Chiesa’s lawsuit seeks unspecified damages but claims McGregor caused him physical injuries, economic loss and emotional distress. It also lists Barclay’s Center as a defendant, claiming that the arena failed to “engage in proper security measures to protect the plaintiff.” Upon accepting a plea deal for his role in April’s incident, McGregor was given five days of...
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Thalidomide group welcomes right to discover State documents in ‘mother of all battles’

The High Court has adjourned several claims for compensation over the use of the drug Thalidomide to a date in November for further case management. Twenty-six cases are being brought against the manufacturers  of the drug German firm Grünenthal GmbH, the Irish distributors TP Whelehan Son & Co, and the Ministers for Health and Environment. Launched as a sedative in Germany in 1957, it is alleged the drug caused deformities in unborn children when it was given to their pregnant mothers. The alleged wrongdoing dates back to the 1960s. The actions have been case managed on their way to trial for the last few years and a preliminary issue to be determined in the actions is whether the cases are statute-barred. Judge Noonan added that he would also deal with other preliminary matters, including the discovery...
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