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€105,000 Workplace Accident Compensation Award for Former Supermarket Worker Following Cold Room Injury

€105,000 Workplace Accident Compensation Award for Former Supermarket Worker Following Cold Room Injury

The Court of Appeal (CoA) has upheld a €105,000 workplace accident award for a former part-time supermarket employee who suffered an injury when she fell while driving a pallet truck holding stock.

Pamela Phoenix, a 37-year-old female now living in Canada, and formerly of McDonnell Drive, Athy, Co Kildare, took the legal accident against Dunnes Stores in relation to the accident that occurred on September 18, 2006. Ms Phoenix was attempting to move the pallet truck backwards in a cold room when she slipped and fell heavily on her bottom and back.

Ms Phoenix was awarded her €105,929 workplace accident compensation in the High Court in 2016 after that court accepted that she suffered chronic back pain and depressive symptomatology due to the accident. By October 2007 she had gained a considerable amount of weight. The judge stated that he felt she was a credible witness who did not exaggerate the extent of her injuries.

The workplace compensation award was appealed by Dunnes. They argued that the cold room accident compensation award was excessive and disproportionate.

Mr Justice Gerard Hogan, speaking on behalf of the three-judge Court of Appeal, upheld the workplace compensation award saying while it was probably in the upper range of what is appropriate, given the role of an appeallate court in other case law, the Court of Appeal cannot take any action.

Following the accident Ms Phoenix was rushed by ambulance to St Lukes’ hospital in Kilkenny. Her X-rays came back clear and she was discharged with some pain-killing medication. In the days following the accident she had to use crutches to get around.

She had difficulty re-assuming the same workload that she had managed before the accident and changed jobs to a role with Elverys. In 2007, still suffering from a considerable amount of back pain, she lost that role. She also has difficulty in continuing her studies at Maynooth University and became very psychologically vulnerable, eventually suffering from depressions when she became pregnant and suffered a miscarriage in 2008. She eventually moved to Canada in 2013 where she married and had a baby boy in 2016.

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Girl (11) Damaged at Birth Awarded €10m Compensation Payout

The High Court has approved a €10m compensation settlement for an 11-year-old girl with cerebral palsy due to the circumstances of her birth at Mayo General Hospital.

This overall payment means that €12.2m is not the total amount paid to Rachel Gallagher of Straide, Foxford, Co Mayo.

Her legal representative Denis McCullough advised the court that Rachel’s parents felt strongly that they would like to complete the process with a final lump sum compensation payment. This is, he told the Hight Court, the Rachel and her family  found the ongoing process – including medical examinations and assessments before court appearances – extremely difficult.

Approving the birth injury compensation settlement against the HSE, President of the High Court Mr Justice Peter Kelly stated that this would have been Rachel’s third time in court. Prior to each Court appearance, she had to go through “a battery of tests and assessments” and this created a lot of trauma for Rachel and her family.

The judge said it was a good bith injury compensation settlement that would provide for Rachel for life. Ciara Hynes, Rachel’s mother, the HSE on her behalf in relation to the events around her birth on September 28, 2006.

Ms Hynes was taken to Mayo General on September 27 and the following morning they began to induce the birth and syntocinon was started after midday.

Rachel was delivered in poor condition. It was alleged there was a failure to adequately manage and monitor the labour, delivery and birth of the baby. The court heard negligence was accepted in the case. Senior Counsel Denis McCullough advised the court that Rachel required one-to-one care because she is in danger of falling.

Counsel told the court that she (Rachel) is currently in fifth class at school and it is hoped she will go on to attend both secondary school and university.

When the Judge announced the approval, Rachel put up her hand to be allowed to thank the judge, Mr Justice Kelly.

Mr Justice Kelly remarked said very few judges are thanked and he was very grateful to Rachel. He commented that it was a good settlement, which will provide Rachel with the care she will require for the remainder of her life.

 

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Cerebral Palsy Against the HSE Settled for €1.9m

A 20-year-old woman, who suffers from cerebral palsy, has won a €1.9m interim from the HSE after the way her birth was managed.

Shauni Breen, who was born at Wexford General Hospital just 40 minutes after her healthy twin sister, suffers from cerebral palsy, spastic diplegia and is restricted to a wheelchair. The High Court was told, by Ms Breen’s Legal Representative, that the medical team present at the time did not recognise that it was a high-risk labour.

Ms Breen, who now lives in Glanmire, Co Cork, Ms Breen began the birth compensation case against the HSE due to the events at the time of her delivery on December 30, 1997. Their mother Marie Foley was taken to Wexford General Hospital at 5am on the morning in question.  Following her healthy twin sister Nicole’s  birth at 6.10am the delivery of Shauni lasted for around 40 minutes and was, allegedly, handled in a negligent manner. There was no anesthetist present or adequate supporting team present to deal with every possible eventuality.

The HSE denied these claims in the High Court and argued that management of the birth complied with standard best practice and was consistent with normal procedures in Irish maternity units at the time of the birth in 1997.

Ms Breen’s team of legal representatives claimed that Shauni was showing an  abnormal presentation prior to delivery and should have been delivered by caesarean section within 15 minutes of Nicole’s birth. However, due to issues in the delivery of Ms Breen, she had to be resuscitated and was taken to another hospital.

High Court Judge Kevin Cross approved the €1.9m cerebral palsy birth injury compensation settlement. Ms Breen will come back to court in five years’ time when her future care needs will be assessed in relation to further required costs.

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Boy (8) Awarded Birth Accident Injury Compensation Award of €65,000

The High Court has approved a birth injury compensation settlement of €65,000 for a boy, now aged eight years old. Dara Brennan allegedly experienced a facial injury during his delivery at the Coombe Hospital on November 12, 2009.

It is thought that Dara, Brayton Park, Kilcock, Co Kildare, suffered the injury to his face as a result of an attempted forceps delivery at the hospital.

To this day resultant scarring and two indentations on the right side of his face remain visible when he smiles.

Lorraine Brennan, acting on behalf of her son, took the compensation action against the Coombe Women and Infants University Hospital due to the alleged negligence Dara encountered during his birth.

Legal Counsel alleged that the incorrect use of forceps during the delivery inflicted the scars to right side of Dara Brennan’s face. Legal representatives for the boy claimed that there was an absence of the required level of care, competence, judgment and skill appropriate during the delivery of the boy.

It was argued that a more senior or experienced doctor in obstetrics should have attended the birth of Dara Brennan. Counsel for the Coombe Hospital denied these claims.

The High Court was advised by Dara’s legal team that liability was fully contested in the case. In addition, medical experts could not agree on the specific circumstances of the delivery.

Mr Justice Kevin Cross remarked, while approving the birth scarring compensation settlement said that it was as close to complete  compensation as possible for Dara Brennan.

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