All posts by imninfoadmin

Swine Flu Vaccine Caused Narcolepsy According to Legal Action of Woman (26)

26-year-old Aoife Bennett has taken a vaccine compensation action as, she claims, she developed narcolepsy after having the Pandemrix swine flu vaccine administered.

Ms Bennet, who  broke down in the High Court while testifying, said that she began suffering waves of excessive tiredness within weeks of having the vaccination administered. She told the court that she was informed that it was her responsibility to get the vaccine as Ireland faced a possible swine flu pandemic in 2009. She went on to say that she would never have had it if she had been are of the possible negative outcomes.

Mr Justice Michael MacGrath was informed that Ms Bennett was just 16 years of age when she had the vaccine in December 2009 as part of a mass vaccination programme. She advised the judge that she was “absolutely exhausted, before this I was very energetic and active. By Christmas Day 2009 the situation had become so bad that  she said she had to drag herself downstairs for Christmas dinner with her family.

A special comfortable chair was provided for Ms Bennett to give evidence from and she snoozed before the judge came to the bench and she was sworn in to give evidence. In addition to this Justice MacGrath told her that she could take any breaks she required during her evidence.

In students were vaccinated at school on a class-by-class basis. Ms Bennett told the Judge that she asked to read a brochure. However she was informed that she did not need to read it. She said “I was reassured it was going to be fine”. She also told the Judge that, when narcolepsy was diagnosed in 2011, she had never heard of it  prior to this point in time.

Ms Bennett, of Lakelands, Naas, Co Kildare, took the vaccination compensation action against the Minister for Health, the HSE, vaccine producer Glaxosmithkline Biologicals and the Health Products Regulatory Authority (HPRA).

The action alleged that Health Service Executive produced brochures misled those who viewed them as to the safety of the Pandemrix vaccine and the alleged risk linked to it being administered. The Judge was informed that the brochures included guidance which was factually incorrect.

The action alleged that Glaxosmithkline requested an indemnity from liability from the State before it would agree to produce the vaccine. The HPRA, it is alleged, was aware there was a different vaccine which had more clinical data to support its safety and efficacy.

All of the defendants in the legal action refute the claims made against them and deny liability.

 

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Mater Private Hospital Compensation of €10,000 made due to Surgical Negligence

A judge has awarded  €10,000 against the Mater Private Hospital after a man, who had been placed under anaesthetic, never had his operation as a critical piece of medical equipment went missing from the surgical team.

At the Circuit Court today, Judge John O’ Connor, was informed that Peter Keegan (31) was scheduled for an operation on his right hip on 25 November 2016, in the Mater Private Hospital, Eccles St, Dublin 7. Keegan, with an address at Woodbine Park, Raheny, Dublin 5 was represented in court by Barrister Conor Kearney, appearing with Mark Tiernan, of Tiernan & Company solicitors. Kearney informed the court that his client had been admitted to the hospital’s short stay procedure unit at 6.45am on the morning in question.

He added that his client had been administered with an anaesthetic at 7.30am. It was during this procedure, when the operation set of instruments had been opened, it was realized that an irrigation extender was not present. it was claimed that the missing piece of equipment had been sent for repair four weeks previously. However, the missing piece had not been replaced. When Mr Keegan came to from the anaesthetic around 8.30am, he was informed that there had been an issue with his operation and it had not been completed.

This caused him some distress until the team of nurses advised him of the mistake that had been made. Mr Keegan informed the judge that he remained very sleepy when he had been discharged a few hours later and he had suffered with stomach pain and nausea in the days following the incident.

Despite the fact that the procedure was rescheduled for ten days later on 5 December, Mr Keegan said he had been worried leading up to the new operation. He informed the judge that he had been extremely nervous about taking the anaesthetic again.

Judge O’Connor accepted there had been medical negligence on behalf of the Mater Private Hospital in what he termed an ‘unfortunate incident’. He added that he believed Mr Keegan had been upset emotionally after the incident. He was, however, lucky that there had been no long-term effects. Judge O’Connor awarded Keegan €10,000 medical negligence compensation damages against the Mater Private Hospital in relation to the case in question.

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Trampoline Accident Compensation of €35,000 for Girl who Broke Ankle

A schoolgirl who broke her ankle jumping in a trampoline accident has settled her High Court action for €35,000.

Shauna O’Gorman (13), in her legal action, alleged there had been a failure to supervise the activity on the trampoline properly, a failure to ensure the matting was properly and safely placed and that a hazard was allegedly permitted to exist in the activity area.

All of these allegations were refuted by the defendants and it was argued that there was alleged negligence on the part of the young girl. The argument was that the girl landed on a crash mat in an awkward fashion. Along with this the defence claimed that the girl had not informed them that she had previously broken her left foot.

They also said that she (Shauna) failed to obey the specific and repeated instructions given to her rin relation to the correct way to land on the mats.

Shauna was participating in a gymnastic event as part of an annual school tour and children were taking turns jumping on the trampoline. Ms O’Gorman, who had already jumped on the trampoline once, was just having her second go when the accident took place.

Ms O’Gorman’s legal representative, Sara Moorehead SC, told the court that the children were jumping on to matting on the floor. Another parent said that she felt the mats on the floor were not close enough together.

Justice Kevin Cross was informed that an MRI last year showed the child’s ankle as now returned to normal. After the accident Shauna had a plaster on her ankle and could not go on the first week of a family in Turkey that year. However she was permitted to join the group for the second week.

Ms O’Gorman, took the trampoline accident compensation action via her father Joseph O’Gorman, against Irish Gymnastics Ltd, operating as Gymnastics Ireland with offices at Blanchardstown, Dublin due to the accident on June 12, 2015.

Mr Justice Kevin Cross, as he was approving the child accident compensation settlement,  said it was a satisfactory settlement.

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Prescription Negligence of €710000 Awarded to Woman (69)

A €710,000 prescription negligence compensation settlement has been agreed between the Health Service Executive (HSE) and a 69-year-old woman. The woman suffered a massive stroke after she was sent home from hospital without her required blood thinning medication. The award was approved at the High Court.

Along with the €710,000 payment, yearly care for the rest of her life around €250,000 a year is also being provided and an apology from the HSE was read aloud to the High Court.

Mary Moss was given the ok to leave hospital without her required prescribed anticoagulants. She remained “unknowingly” without these for an additional six weeks. This lack of medication resulted in her suffering a massive stroke and she is now disabled.

The HSE issued the apology to Ms Moss and her family via a court statement, and her family for any “shortcomings” the occurred during the treatment she was in receipt of at Sligo University Hospital. They said they were sorry for  the huge upheaval that this has caused to the life of Ms Moss and her family.

Des O’Neill SC, representing Ms Moss, advised the Judge that she had suffered a stroke in 2010 and recovered well following it. However, in February 2018 she had suffered another ‘episode’ and her anti-thinning medication was altered in hospital. However, her medication was not included in her prescription given to her when she was told she could return home. Sadly, this error went unrecognised she experienced a stroke six weeks later.

Mr O’Neill said Ms Moss is currently still in the National Rehabilitation Hospital, and has made a good recovery. Her family hope to bring her back home to Ballymote, Co Sligo, as soon as possible. Her daughter Leanne Moss, speaking outside court, that she was relieved to know that her mother’s care will be paid for annually and that this would assist her family greatly. She said her mother is confined to a wheelchair due to the fact that she suffered left side paralysis in the stroke.

The family’s solicitor, Roger Murray, told the court: “Thanks to a successful mediation, the family can now concentrate on getting the best possible care for their mother, and moving her home to the west where she is happiest.”

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US Medical Expert says Vaginal Mesh is ‘Not Safe’

Expert Chartered chemist Dr Chris DeArmitt, has assisted over 9,000 women is have their vaginal mesh compensation actions settled, has referred to the that the material as not safe for treating incontinence.

Vaginal mesh is currently not being used due to suspension in the United Kingdom. This will remain so until the results of an independent safety review are revealed. The study was initiated after thousands of women reported harrowing complications. DeArmitt, a leading medical expert in the UK has been called upon during court action against producers of vaginal mesh.

In the United States over 100,000 people are taking legal actions due to injuries and illnesses that the believe arose from the use of vaginal mesh.

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

In Ireland there have been a number of case in relation to use if vaginal mesh in recent years, particularly in 2017. Legal representatives for a number of women, who initiated legal actions in 2017 after undergoing the vaginal mesh procedure, said that they (the women) only became aware of the issue after seeing media reports in the United Kingdom in relation to its use.

The US regulator, the FDA, in 2019 outlawed the sale and distribution of all mesh that was to be used for the treatment of pelvic organ prolapse due to the many safety problems experienced by the general public. In the UK, the National Institute for Care and Excellence (NICE) has stated that it will be offered as a potential alternative form of treatment for women suffering from various injuries once the ban on using it is lifted.

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

Due to work of many campaigners, the use of vaginal mesh has come under the microscope once more. Typical problems suffered by  women include chronic pain, not being able to make love, inability to work as normal and walking difficulties. These issues arise from vaginal mesh cutting organs or getting stuck in tissue, leaving permanent nerve damage.

 

 

 

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National Museum Fall Results in €67,000 Compensation Award for Tourist

A personal injury award of almost €67,000 has been approved at the High Court in favour of an Australian tourist who injured his leg when he slipped and rolled down stone stairs at the National Museum of Ireland.

Presiding Judge Justice Bronagh O’Hanlon said the Dublin museum’s Portland stone steps had been shiny and slippery when the tourist, Warren Baldwin (70), from Revesby, New South Wales, ruptured a leg tendon in the accident. Mr Baldwin suffered significant trauma, inconvenience and expense due to the accident that occurred on June 5, 2016, on the second day of Mr Baldwin’s trip to Ireland with his wife. He fell on the third step from the bottom of the staircase he was descending in the museum.

Justice O’Hanlon ruled that the accident was caused due to negligence in not have a railing in place for a person to hold onto the entire way down the seven-step staircase. The steps date to 1890, when the museum, located in Kildare Street building was built.

The Judge ruled that, had there been an adequate and safe handrail on the steps at the time the accident occurred, Mr Baldwin would not have sustained the injuries. She accepted the contention that because the railing stopped before the end of the staircase there was a tendency for people to move towards the centre portion. The wrought-iron bannister currently in place is topped by a wooden rail terminates at the third-last step where it joins a stone balustrade.

Legal Counsel for the National Museum of Ireland argued that the stairs did not have any defects at the time of the accident and that there was one handrail in place for people to hold onto. In addition to his they informed the judge that, out more than 470,000 people visiting the museum during 2016, Mr Baldwin was the only person who fell on the stairs.

Justice O’Hanlon awarded Mr Baldwin €66,989 as, she said, the museum failed in its duty to take reasonable care to ensure his safety.

 

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€10.5m Cerebral Palsy Compensation Awarded to Young Boy

12-year-old Samuel Forde , who who sued the Health Service Executive in relation to the circumstances of his birth at Sligo General Hospital has settled his High Court Cerebral Palsy Compensation action for €10.5million.

Samuel, who lives at Glenview Park, Grange, Co Sligo had taken the birth injury compensation action through his mother Deborah Forde. Through his legal counsel, Des O’Neill SC, it was claimed there was an alleged failure to promptly diagnose and act upon the baby’s condition,  there was an alleged failure to admit Mrs Forde to hospital on August 19, 2006 when her condition and that of the baby could be monitored and acted upon appropriately and that the pregnancy was allowed to continue well past its due date resulting in the failure to deliver the baby at an appropriate stage.

The claims were denied by the legal team for the Health Service Executive.

Mr Justice Kevin Cross was informed that Mrs Forde had gone for a check up on August 15, 2006 which indicated that nothing was out of the ordinary. However, two days later she attended the hospital as she thought she might be in labour. At this point in time a CTG was applied to monitor the baby’s heartbeat .

Mrs Forde attended the hospital again two days later but was told she could return home after a number of tests were carried out. Following this a midwife checked with her, over a phone call, regarding the baby’s movement and when she reported less movement on August 20 she was told to return to hospital at once. A CTG and checks were completed again and Samuel was born by cesarean section August 20,2006 and he had to be intubated.

The High Court was informed that Samuel has cerebral palsy which has completely impacted his existence and the requirements for the future are thorough extensive including lifelong care.

The Judge was informed that the Forde family only initiated court proceedings after they sought legal advice a few years ago when Samuel’s medical card was withdrawn a few years ago.

Outside court solicitor David O’Malley for the Fordes said the family wished for Samuel to have a life which is “as happy and as included as possible. Hopefully the financial settlement can bring him that stability. Mediation was a very effective mechanism to resolve this case”.

In approving the settlement, without admission of liability, Justice Kevin Cross said the Fordes had looked after their son “over and above” and he wished “the loving and protective family” the best for the future.

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Dentist Negligence Compensation Action Settled for €60k

Roisin Mimnagh, has settled a €60,000 dentist negligence compensation claim against her former dentist for an undisclosed figure in the Circuit Civil Court following a treatment that she said left her scared to smile.

Following the treatment of 50-year-old Mrs Mimnagh, the Court was informed that she had been shocked to see that an incisor had been filed away without her permission and filled in with an amalgam or composite.

Mrs Mimnagh legal counsel, David McParland, informed Judge Jacqueline Linnane that his client was someone who was normally happy with how she looked. She had made an appointment with Dr Anna O’Donovan, Griffith Avenue, Dublin, to have an incisor realigned. He stated: “To her horror she afterwards found that her tooth had been filed away and replaced with an amalgam or composite that was smaller and shorter and different from her original tooth”.

Dr O’Donovan, represented Barrister Sarah Corcoran, informed the Judge that her client had entered a full defence to Ms Mimnagh’s legal action. However they had accepted that written consent for the specific treatment for her tooth had not been received prior to it being administered. She went on to say that the case before the court was not one of deciding liability but a matter of assessing damages.

Remedial work was carried out in 2013 shortly after the initial treatment. Mr McParland said Ms Mimnagh was still wearing an appliance on her tooth. He added that a dental expert was of the opinion her that she would need further realignment work.

Judge Linnane was informed by Mr McPartland that his client at first thought she was going to have some white filling applied to her tooth to make it look straighter. She was very traumatised when she later saw it had been filed away and an amalgam or composite applied to it. This left her scared to smile.

Judge Linnane told the Court that she had reviewed the pleadings and had found that the latest expert report was over three years old. Due to this she said that she would be unable to assess damages as the reports were outdated. As an alternative route, Judge Linnane suggested some talks about settling the case. Ms Corcoran informed her that Dr O’Donovan had always had “a significant willingness” conduct talks. Mr McParland returned to Court shortly later to advise the Judge that the case had been settled and could be struck out with an order for Ms Mimnagh’s legal costs to be taxed in default of agreement.

 

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Family of Woman Who Died After Receiving Half Epilepsy Drug Dose Awarded €260,000

The family of Kathleen Leech who passed away due to a charting mistake lead to her only getting half her necessary epilepsy medication treatment for 23 days have settled their High Court action over her wrongful death for €260,292.

The 68-year-old mother of five adult children from Co Wexford died at Peamount Healthcare nursing home, Newcastle, Co Dublin on June 30 2012 after her caring staff failed to recognise that she had only received a single daily dose of Keppra, an anticonvulsant to stabilise her epilepsy, despite the fact that she should have also been allocated a second daily dose.

Her husband, Gregory Leech senior,  took a legal action for wrongful death compensation. In a separate action her children – Noreen, John, and Gregory Leech junior, and Marian Dalton and Kathleen Caulfield – sued for nervous shock.

Along with admitting liability, Peamount Nursing Home issued an unreserved apology for failings in care provided to her. In a letter read out in court on Thursday, the nursing home gave Mr Leech an unreserved apology for failings in care of his wife and for the distress and upset it had caused to the family.

Legal counsel for the family, Barney Quirke SC, informed the court that Mrs Leech suffered a stroke in November 2011. Sadly she never recovered enough to be sent home from Tallaght Hospital but a place was found for her in Peamount in June 2012.

Counsel informed the Court that, following a thorough investigation and a subsequent inquest, a number of major changes have been implemented by the management of Peamount to ensure that a mistake like this does not occur again.

On the day she arrived at Peamount Ms Leech was taking 21 medications. However, in a sad turn of events, the pharmacy was closing and it was not recorded that she required to be administered with two doses of Keppra. Due to this Ms Leech went 23 days without her second daily dose. Following suffering a major seizure and was returned to Tallaght Hospital. However, it was too late to save her a she had developed an infection and passed away on June 30.

The case was settled for €260,292 and all of Mrs Leech’s children agreed to waive their claim to the statutory €25,000 payment to the family in relation to the wrongful death of their mother. Instead the award is to go to their father for him to manage.

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€7.25m Settlement for Autistic Teenager Agreed with Hospital

€7.25m birth injury compensation has been awarded to a 13-year-old boy at the High Court in relation to the issues that occured during his birth at the National Maternity Hospital (NMH), Dublin on July 30, 2005.

Legal counsel for the the boy, Finn Phillips, who is on the autism spectrum, Jeremy Maher SC said that the basis of their case was the protracted labour and difficult birth were the alleged cause of Finn’s autism. He went on to say that this was a test case as this issue had never been determined by a court in Ireland, the UK “or anywhere”.

Legal counsel for Finn, who took the legal action through his mother Lisa Marie Murphy, argued that he (Finn) is on the autism spectrum due to complications which arose during his birth at the hospital. The National Maternity Hospital denied all of these claims.

Finn was delivered via ventouse delivery and it is claimed he was unnecessarily exposed to both asphyxia and trauma from the vacuum extraction. Due to this, the Judge was told. he was allegedly unnecessarily exposed to their potential long term consequences. The injuries he sustained suffered, it was alleged, included developmental delay and autism. There was an alleged failure to oversee Finn’s mother’s labour appropriately and an alleged failure to intervene in time. Finally there was a claim from his legal team that Finn was pulled an excessive number of times and he had been allegedly subjected to excessive tractions.

Outside court, Finn’s mother Lisa Marie Murphy said: ” (her son) is a wonderful boy. He would have been a fantastic man if everything had gone according to plan. Now we can make strides to help him be the best man he can be,” she said. The settlement means as parents we don’t have to worry, Finn’s care is there. It means we can go privately for his care.”

Justice Kevin Cross was informed that mediation talks had taken place last Monday and a settlement was reached to bring before the court. In approving this settlement, Justice Cross said he was glad to hear it had been reached. He wished Finn and his family all the best for the future.

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