All Posts in Category: Injury to Child Compensation

Erbs Palsy Birth Injury Compensation Approved for Cork Girl

A teenager from Cork is set to receive 700,000 Euros after a proposed settlement for Erbs Palsy birth injury compensation was approved at the High Court in Dublin.

Aoife James, aged 14, from Douglas in Cork, was born in 1998 with Erbs Palsy – a condition also known as Brachial Plexus Birth Palsy, which is caused by the over-extension of the nerves between the neck and shoulder during delivery.

In the majority of cases, the nerves repair themselves within the first few months of an infant’s life, but in Aoife’s case the condition remained in her right side and she is unable to perform relatively basic tasks such as wash herself or dry her hair using her right arm.

Despite intense physiotherapy and two major operations, Aoife’s condition has not improved and claiming through her mother, Carol, that her condition was caused by medical negligence at the time of her birth, Aoife made a birth injury compensation claim against the attending consultant obstetrician – Patrick Kieran of the Cork Clinic, Western Road, Cork.

In her claim for Erbs Palsy birth injury compensation, Aoife alleged that she suffered permanent right-sided Erbs Palsy due to the obstetrician’s negligence, and that her severely functionally compromised upper right limb was responsible for a deterioration in her quality of life.

At the High Court, Ms Justice Mary Irvine heard that an offer of Erbs Palsy birth injury compensation had been made without admission of liability and the family were willing to accept it. Ms Justice Mary Irvine granted approval for the amount of 700,000 Euros, and ordered that it be paid into court funds until Aoife reaches the age of eighteen.

Read More

Medical Council Investigates GP Malpractice Claim Against A Dublin GP

The Medical Council is investigating a GP malpractice claim against a Dublin GP who allegedly over-prescribed psychoactive benzodiazepines.

It is claimed that Dr Mohammed Ahmed Khan, who practices in Wicklow Street, Dublin, prescribed up to four times the correct dosage of drugs such as Valium to patients suffering from anxiety and depression. The Medical Council are also looking into allegations that Dr Khan failed to make adequate enquiries as to whether any of the patients he was prescribing these drugs to were already being treated by another doctor.

In addition Dr Khan has been accused of poor professional performance due to his alleged failure to refer patients with a dependency on benzodiazepines to drug treatment centres or specialist substance misuse practitioners and also due to his reliance on prescription drugs where an alternative form of treatment may have been more beneficial to the patient or in their best interests.

The Medical Council regulates doctors to practise medicine in the Republic of Ireland and its statutory role, as detailed in the Medical Practitioners Act 2007, is to protect the public by promoting and better ensuring high standards of professional conduct and professional education, training and competence among registered medical practitioners.

Read More

Infant Medical Accident Leads to 10,500 Euros Compensation

A four year old child, who suffered a burn injury to his foot in a medical accident when he was just a few days old, has had an infant medical accident compensation settlement of 10,500 Euros approved in the Circuit Civil Court.

Fabien Napierski of Kinlough, County Leitrim, was just four days old when the medical accident occurred at his home in 2007. A nurse, who was warming his foot prior to conducting a blood test, used water from a freshly boiled kettle without first testing its heat.

Circuit Court President, Mr Justice Matthew Deery, was told that the Health Service Executive had agreed to pay Fabien 10,500 Euros in compensation for the medical accident without admission of liability and the case was before him for approval of the settlement.

After hearing the facts of the claim, and considering the amount of the award, Mr Justice Matthew Deery approved the infant medical accident settlement as was presented to him.

Read More

Cerebral Palsy Birth Injury Compensation Agreed for Boy

A young boy, who has left brain damaged and sufferingdue to negligence at his birth, has had his  cerebral palsy birth injury compensation settlement approved in the High Court.

Dontay Crooks (6) from Oxford was born in the city´s John Radcliffe Hospital in 2005, but difficulties developed during his birth which resulted in the young boy being starved of oxygen and sustaining a cerebral palsy injury as a result.

The High Court in London was told that Dontay now has little control over his limbs and is unable to walk. He is also visually impaired, has severe learning difficulties and suffers from bouts of epilepsy.

In the claim for cerebral palsy birth injury compensation made against the Oxford University Hospitals NHS Trust by Dontay´s mother, it was claimed that with better management of the birth Dontay would not had suffered such traumatic injuries and would be able to maintain a more normal life.

The John Radcliffe Hospital and Oxford University Hospitals NHS Trust accepted liability for Dontay´s injuries and agreed to an immediate lump sum settlement of 1 million pounds with further annual payments on a rising scale which will reach 140,000 pounds per year when Dontay reaches the age of eighteen.

Read More

Spine Surgery Negligence Compensation Approved for Disabled Teenager

A teenage girl, who was left paralysed by a spinal surgeon´s negligence, has had a multi-million pounds spine surgery negligence compensation settlement approved by the High Court in London.

Laura May (17) of Chorley, Lancashire, was admitted to the Royal Preston Hospital in March 2005 for a procedure to correct a curvature of her spine. However, her orthopaedic surgeon – Dr Roger Battersby Smith – neglected to use an imaging technique before operating, and negligently misplaced a screw during the operation.

Due to Dr Smith´s negligence, Laura lost the ability to use her limbs and is paralysed from the chest down.

After seeking legal counsel, Laura´s parents – Bill and Christine May – sued Dr Smith and the Lancashire Teaching Hospitals NHS Foundation Trust for spine surgery compensation and, in 2009, the Royal Court of Justice ruled in favour of Laura and her family.

The High Court in London has now approved a settlement which will comprise of a lump sum payment now and periodic payments throughout Laura´s life. The total compensation package – which is believed to be around 3 million pounds – will provide medical care, specialised accommodation and equipment for Laura, as well as compensating her for future loss of income.

Read More

Undisclosed Settlement in Birth Accident Compensation Action

The Health Service Executive (HSE) has apologised to a family for the death of their young son from meningitis at Our Lady of Lourdes Hospital, Drogheda, County Louth, and resolved a claim for birth accident compensation in an undisclosed out of court settlement.

The family of four month old Dean Patrick Kenny from Drogheda, County Louth, brought a birth accident compensation action for wrongful death against the hospital and HSE, claiming that the hospital staff had failed to diagnose their son’s condition and discharged him when it was unsafe to do so.

The family claimed in their birth accident compensation action that Dean had been referred to the hospital with suspected meningitis by the family GP early in the morning of July 1st 2002. Dean was tended to and discharged, and the family went home where Dean’s condition continued to deteriorate.

After a later visit to their GP – where meningitis was confirmed – they returned to the hospital, but it was too late to save little Dean, who passed away that evening.

In their defence, the hospital and HSE denied birth accident negligence, and pleaded it had complied with general approved medical practices. They alleged that Dean did not show clinical features of bacterial meningitis and was feeding as normal.

However, shortly before High Court proceedings were about to commence, Mr Justice John Quirke was informed that the HSE had made an undisclosed offer of birth accident compensation settlement, which was accepted by the family, and the case was to be struck out.

Read More

Medical Negligence Case Liability Assigned by Judge

The story of Jade Keane hit the national headlines in February this year, when Mr. Justice Iarfhlaith O’Neill awarded Jade (10) a medical negligence settlement package of 7 million Euros for the devastating and permanent injuries of post natal hydrocephalus.

The judge had found that gross medical negligence by the Health Service Executive (HSE), the Holles Street National Maternity Hospital and Jade´s GP – Dr Dermot Stones of Ballybrack, County Dublin – had caused her to develop water on the brain in the weeks and months after her birth.

An initial payment of 4.75 million Euros was to be paid as an interim settlement by the HSE and the hospital – both of whom admitted that mistakes had been made, but denied that they amounted to actionable negligence – and, before Mr Justice Seán Ryan at the High Court, they sought indemnity or contribution from Dr Stones in relation to the damages.

After reviewing the case, the judge decreed that there was nothing to distinguish the blameworthiness of all three defendants – stating that they were equally “grossly inept” – and ruled that each should pay one third of the damages awarded by Mr. Justice Iarfhlaith O’Neill in February.

Read More