All Posts in Category: Injury to Child Compensation

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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€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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€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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Medical Negligence Compensation Payouts of €268m Made by State Claims Agency in last two years

The overall amount of compensation paid out by the State Claims Agency (SCA) in relation to medical negligence claims totals over half a billion euro in the past two years.

New figures released by Minister for Health Simon Harris show that the amount of compensation paid out by the State Claims Agency (SCA) in 2018 was €268.45m for medical negligence cases – an increase of €18.6 million – or 7.5% – on the €249.77m paid out in 2017. This brings the total amount of compensation for medical negligence paid out in 2017-18 to €518.2m.

The figures were provided by the State Claims Agency (SCA)  in response to a a written Dáil question by Fianna Fáil’s Finance spokesman, Michael McGrath. It also reveals that the highest sum paid out last year under medical negligence was €15.5m in relation to a cerebral palsy case compensation claim.

Cases linked to birth negligence or cerebral palsy accounted for seven of the top ten medical negligence payouts in 2018. The figures release indicate that, in the seven cerebral palsy cases, a total of €60.3m compensation was paid out in order to provide adequate treatment for the individuals concerned for the remainder of their lives.

The remainder of the top ten was made up of cases that in the top ten payments concerned a pay-out of €6.3 million for a clinical procedure at surgery and a separate payout of €5.9m under the same category.

The lowest payout in the top ten was €4.37 million paid out concerning a clinical procedure in the Gynaecology service.

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Whooping Cough Death Compensation Settlement of €100k for Mother Approved

A medical negligence compesnation settlement of €100,000 has been approved in the High Court for a mother whose two-month-old son died two weeks after she brought him to hospital with what it was claimed were the classic signs of whooping cough.

The family’s counsel Dr John O’Mahony told the High Court a diagnosis of bronchiolitis was made at Cork University Hospital on Romi Betak, from Cork, when the baby actually was suffering from the whooping cough.

Maria Mullins (33), of Presentation Road, Gurranabraher, Cork, had taken the whooping cough compensation acttion against the Health Service Executive in relation to the death of Romi in August 2012.

Dr O’Mahony said the child’s condition deteriorated and a blood sample taken coagulated and could not be tested. It was argued that Counsel said if a repeat blood test had been completed, the course of treatment for Romi would have been different, as a diagnosis could have been reached. The High Court was told that the child was kept at Cork University Hospital (CUH) and his condition worsened.

Dr O’Mahon said “His heart was racing, his breath was racing. The penny never dropped until it was too late”.

Romi has initially been taken to Cork University Hospital on August 3 2012, it was claimed, by his parents as he seemed to be suffering from the usual symptons of whooping cough infection. These symptoms included episodes of breath holding, coughing spasms and thick copious secretions.

Despite the baby’s condition worsening it is claimed that his health was not reviewed again by a doctor until August 5. By the time of this review his breathing was more laboured but the probability of whooping cough was allegedly not considered.

It was claimed there was a failure at that stage to carry out a chest X-ray and a failure to discuss the possibility of the provision of antibiotics.

On August 9 and 10 Romi was tube fed consistent with his deteriorating respiratory status.

On August 11, it was claimed, the possibility of whooping cough infection was noted for the first time following another deterioration in the child’s condition. However there was still no medical intervention. A chest X-ray showed significant areas of lung infection

The next day, August 12, the Romi suffered a respiratory arrest and was resuscitated, intubated and transferred to a Dublin hospital where he sadly passed away on August 14.

The High Court was told liability remained an issue in the case while Mr Justice Kevin Cross approved the whooping cough compensation settlement.

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EMA Hearing on Epilim Addressed by Irish Woman

A Co Meath mother of three sons, who have suffered major illness as a result of complication caused  by the Epilepsy treatment drug Epilim, has addressed at the European Medicines Agency review (EMA) into its use by pregnant women.

In September 2017), Karen Keely, a representative of the Foetal Anti-Convulsant Syndrome Forum impressed on the review hearing the ramifications that her sons have experienced due to her being prescribed the drug at the time she was pregnant with them. They will now face issue over the remainder of their lives, two of them can neverhope to live a ‘normal’ life.

Ms Keely said: ““I have been mourning my children since the day they came into my life and I’m determined to not let this injustice happen to other families in the same way that it has happened to mine.”

Karen implored that a national register in Ireland of those who were on the medicine and people who are being prescribed it in the future must be set up. In addition to this Ms Keely asked for more research into the scale of the problem and accountability to be funded and supported. According to her the HSE had information available on the Internet but wider publicity about it’s available is necessary.

The EMA public hearing, which begun on 9 March 2017 at the request of the French medicines regulator, ANSM hosted citizens of six European Union member states describing their experience to the PRAC (Pharmacovigilance Risk Assessment Committee) members attending. it has been acknowledged that Epilim can cause physical deformities, brain damages and autism in children whose mothers are treated with it when they are pregnant.  At present being considered a major factor in 40 cases of birth defects and disabilities, made known to the Health Products Regulatory Authority (HPRA) in recent times.

The outcomes of the EMA review are predicted to lead to new recommendations regarding the use of Epilim in Ireland will be drawn up by the HPRA.

 

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€7.5m Compensation Award After Brain Injury Suffered Before Birth

A boy who was inflicted with a brain injury just before has born when his mother was thrown from a car as she was on her way to have a final pregnancy scan has settled his High Court Baby Injury Compensation action for €7.5m.

After the accident, Cian Hammel had to be delivered by emergency Caesarean section in hospital. The High Court was told that in the accident his mother, aged 17 at the time, was thrown from the seven-seater vehicle in which she was a back-seat passenger. The driver of the car did not have motor insurance.  The accident occurred on February 3, 2009 near Manhanagh, Screen, Co Wexford. The boy now has difficulty walking and is unsteady on his feet and also has difficulties with language.

Taking the Baby Injury Compensation action through his grandmother Ann, Cian Hammel of Ford Court, Kilmuckridge, Co Wexford sued the driver of the car, Simon Jordan, of Monaseed, High Fort, Gorey, Co Wexford.

The Motor Insurers Bureau of Ireland (MIBI), which handles compensation claims for victims of uninsured driving, was also sued as a result of the accident.

The car which was driven by Mr Jordan allegedly went out of control and flipped causing Cian’s mother Roisin Hammel, who was in a rear seat, to be flung from the vehicle. Senior Counsel Rosario Boyle told the court that Roisin, who was studying for her Leaving Cert, had accepted a lift to attend her final scan.

Additionally, it was alleged that Mr Jordan had overtaken another vehicle when it was not safe to do so and that he was driving at an excessive speed given the weather conditions. These claims were denied.

Ms Boyle said Ms Hammel was not wearing a seat belt at the time of the accident. However, the MIBI later acknowledged that, had she been wearing a seat belt, the consequences for Cian would not have been better.

She said Ms Hammel’s waters broke and, due to this, she had to have an emergency caesarean section in hospital due to foetal distress. Ms Hammel, counsel said, was told to prepare for the worst and when Cian was delivered. He had to be resuscitated and there was multi-organ failure.

Mr Justice Kevin Cross approved the baby injury compensation settlement and said he hoped it will provide for Cian’s needs for the future.

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Judge Approves Settlement of Compensation for Birth Brain Injuries

A High Court judge has approved a $15 million settlement of compensation for birth brain injuries due to alleged negligence in favour of a nine-year-old boy.

At the High Court, Mr Justice Kevin Cross was told the nine-year-old boy was born at Cork University Hospital at 9:00pm on August 11th 2008 after allegedly showing signs of foetal distress throughout the day. Among the alleged errors made by hospital staff prior to the boy´s delivery there had been a failure of skill in clinical history taking, and in the examination of the baby and his mother.

It was also alleged there had been an unreasonable delay in acting upon a CTG trace that indicated a variable decline in the foetal heart rate. As a result, it was claimed, the boy suffered brain birth injuries. Due to cerebral palsy and epilepsy, the boy suffers daily seizures, has visual and cognitive impairments, is confined to a wheelchair and requires full-time care. He will never be able to live independently.

Soon after the boy´s birth, his parents claimed compensation for birth brain injuries against Cork University Hospital and the HSE. Liability was eventually admitted in February last year after an eight-year wait, during which time the boy´s parents provided the majority of his care due to community services in Kerry being “almost non-existent” the boy´s mother told Judge Cross.

Prior to the judge approving the settlement of compensation for birth brain injuries, a statement was read to the family by representatives of Cork University Hospital, in which the hospital apologized for the errors that led to the boy´s brain injuries. The boy´s mother also read a statement to the court in which she described her son as a very happy boy who like being out on the fresh air.

Approving the settlement of compensation for birth brain injuries, Judge Cross ordered €720,000 of the settlement to be paid to the boy´s parents as special damages and the remainder to be paid into court. The judge said it was a very good settlement, and he wished the boy and his family well for the future.

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Judge Approves Settlement of Meningitis Misdiagnosis Claim

A judge has approved the €5.6 million settlement of a meningitis misdiagnosis claim made on behalf of a young girl who had both legs avoidably amputated.

On the morning of 10th July 2005, the parents of the three-year-old girl phoned the South Doc out-of-hours doctor´s service in Cork, and expressed concerns about their daughter´s symptoms of a rash on her stomach, a high temperature, drowsiness and vomiting.

They were told to bring her into the South Doc clinic and, at 5:00am that morning, the girl was examined by Dr Leon Britz, who diagnosed tonsillitis and sent the family home. However, the young girl´s condition deteriorated in the following hours, and the family returned to the clinic at 9:30am.

On this occasion, a diagnosis of meningitis was made. The girl was taken to the A&E Department of Cork University Hospital, where she was administered antibiotics, and later transferred to Our Lady´s Children´s Hospital in Crumlin, where tragically she had to have both legs amputated below the knee. The girl, now fifteen years of age, underwent 132 operations over the following twelve years.

Through her mother, the girl made a meningitis misdiagnosis claim against Dr Britz and South West Doctors on Call Ltd – the providers of the South Doc out-of-hours doctor´s service. In the meningitis misdiagnosis claim it was alleged the girl suffered “profound consequences” due to the misdiagnosis and the opportunity was missed to administer antibiotics at an earlier stage.

Liability was admitted by the defendants and a settlement of the meningitis misdiagnosis clam amounting to €5.6 million was agreed between the parties. As the legal action had been taken on behalf of a minor, the proposed settlement had to be approved by a judge before it could be finalised to ensure it was in the girl´s best interests.

Consequently, at the High Court in Dublin, Mr Justice Kevin Cross was told the sequence of events on 10th July 2005 and of the “profound consequences”. After hearing that the girl was doing well at school and just about to sit her Junior Cert exams, the judge approved the settlement – congratulating her parents for the care they had given the girl and noting that the outcome could have been far worse.

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Settlement of Compensation for Brain Damage at Birth Approved in Court

A €15 million lump sum settlement of compensation for brain damage at birth has been approved at the High Court in favour of a ten-year-old boy.

The boy was born by emergency Caesarean Section at Kerry General Hospital on May 25th 2006 following a catalogue of errors by hospital staff. Among a series of systematic failures resulting in the boy´s delivery being avoidably delayed by two hours, the consultant obstetrician was not made aware of a worrisome heart-rate pattern, the possibility of foetal hypoxia was not considered, and no action was taken on a CTG trace indicating foetal distress.

Due to the avoidable delay, the boy suffered devastating brain damage and was diagnosed with mixed dyskinetic spastic cerebral palsy. Now ten years of age, he requires 24-hour care, cannot speak and is confined to a wheelchair. To exacerbate the boy´s injuries, the HSE failed to admit liability for nine years, during which time the boy´s family had to care for him on their own without the support they should have received from the state.

The HSE only admitted liability early last year after being threatened with aggravated damages, and an interim settlement of €2.7 million compensation for brain damage at birth was rushed through the courts. Yesterday the family was back in court for the approval of a final lump sum settlement of compensation for brain damage at birth amounting to €15 million – an amount that was described as “commercial common and legal sense” by presiding judge Mr Justice Peter Kelly.

Approving the settlement, Judge Kelly paid tribute to the boy´s parents for the care of their son, and added while no money would compensate the boy and his family, it was the only form of redress the law could provide. He hoped it would give peace of mind that there is a fund to care for the boy´s needs into the future. As the boy is a ward of court, the settlement of compensation for brain damage at birth will be paid into court funds and managed by court authorities.

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