Category Archives: High Court

Girl with cerebral palsy settles case for €6m

A seven-year-old girl with cerebral palsy who had sued over the circumstances of her birth at a Galway hospital has settled her High Court action for €6m. Faye Walsh, Mr Justice Kevin Cross was told, has spastic quadriplegia, is non-verbal and can only communicate with her family by making noises and smiling. She is a full-time wheelchair user and will require 24-hour care for the rest of her life. Counsel for Faye, Denis McCullough SC, told the court it was their case that an obstetrician should have been notified earlier and the vacuum-assisted delivery of Faye at University Hospital, Galway, on August 15, 2011, should have been done earlier. Outside court, the Walsh's solicitor Michael Boylan said it was the end of a two-week trial and a four-year battle for the Walsh family. Faye Walsh...
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Woman who was given incorrect test result now seriously ill

A 52-year-old woman who claims she was given the incorrect result for a breast cancer gene test eight years ago is now seriously ill with ovarian cancer, the High Court has heard. It is claimed the report from the testing laboratory showed a pathogenic change of the BRCA 1 gene, but in a letter sent to the woman and her treating doctor on 27 January 2010 it was incorrectly stated the breast cancer gene was normal. The woman, whose youngest child is ten years old, has claimed she has suffered a loss of chance and the opportunity to take and seek medical advice to mitigate her risk of developing cancer. She has further claimed if she had been made aware of the mutation and pathogenic change of the BRCA 1 gene in January...
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N7 workers who were treated “appallingly” by employers awarded more than €1m

The High Court has awarded more than €1m damages and interest to a group of Portuguese workers who claimed they lived in “terrible conditions” at a “work camp” provided by his former employers when they were building a section of the N7 motorway in 2007 and 2008.

The award was made by Justice Carmel Stewart who said the workers were “treated appallingly by their employers”. 

Noting that the workers had been working in Ireland for periods up to two years the Judge said that “it beggars belief that their ordeal could have lasted for so long”.

The 20 workers claimed they were underpaid while working for three Portuguese companies, called the RAC Eire Partnership, that were contracted to construct the section of motorway between Limerick...

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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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High Court awards factory worker more than €220k for fall while trying to free trapped bin

A factory operative who suffered a severe ankle injury when he fell to the ground as he tried to free a trapped bin has been awarded over €220,000 by the High Court. Tomasz Zdejszy fell from a height of about two metres to the ground landing on his right foot in the accident six years ago. Mr Justice Michael Hanna assessed there was 20% contributory negligence on the part of Mr Zdejszy as he did not exercise sufficient care for his own safety. Tomasz Zdejszy, Castlecurragh Heath, Mulhuddart, Dublin had sued his employer Stewart Foil Ltd of Rosemount Business Park, Blanchardstown, Dublin and Panda Waste Services Ltd with offices at Newbridge House, Athlumney, Navan, Co Meath which was responsible for a waste collection at Stewart Foil Ltd. He claimed on April 13, 2012 he...
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Family of boy with cerebral palsy awarded €9 million by High Court

A 7-year old boy with cerebral palsy who sued over the circumstances of his birth at Cavan General Hospital has settled his High Court action for €9.1Million. Jarrah Folkman can't talk or walk and his mother today told the High Court she will never hear her son's voice. Elysha McCrudden said the settlement will go a long way towards her son's care, but she said she felt that windows of opportunity for Jarrah had been lost. Ms McCrudden said for the last seven years she and Jarrah's father Ben Folkman have been made feel that what happened was their fault. Approving the settlement against the HSE, Mr Justice Cross praised Jarrah's parents for the care they have given him night and day. "Don't think its in any way your fault," the judge told Jarrah's...
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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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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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