Month: October 2022

The woman claims she is entitled to very significant damages for alleged injuries to her physical and mental health

A 36-year-old woman who claims her smear test taken under the CervicalCheck screening programme was misreported and there was an alleged three-year delay in diagnosing her cervical cancer has sued in the High Court.

The woman, who cannot be named by order of the court, claims she had to have two procedures for her cancer and claims she is entitled to very significant damages for alleged injuries to her physical and mental health.

Her counsel, Jeremy Maher SC, with Patrick Treacy SC and instructed by Cian O’Carroll solicitors, told the court the Health Service Executive has admitted a breach of duty in relation to the reporting of a 2013 smear sample taken from the woman under the national screening programme.

The HSE has further admitted a breach of duty in relation to a failure to disclose results of an audit of that slide four years later which indicated that the original reports of negative for malignancy were incorrect. The HSE has denied all other claims.

To read the full story please visit:
https://www.irishtimes.com/crime-law/courts/2022/10/11/court-hears-womans-case-over-alleged-delay-to-cervical-cancer-diagnosis/

A traffic accident that was investigated by gardaí protecting the then Prince Charles and Camilla, the Duchess of Cornwall, when they stayed at Farmleigh in the Phoenix Park, ended in tears today for a woman who unsuccessfully sought €60,000 damages for personal injuries.

Barrister Shane English told Judge Terence O’Sullivan in the Circuit Civil Court that there had been gardaí “all over the place” in May 2017 while the British royal couple were resident in the park during a visit that took in Dublin, Kilkenny, Thomastown and the Curragh.

Patricia Hill, counsel for mother-of-two, Aurelia Nosaci, of The Gallen Apartments, Granitefield Manor, Rochestown Avenue, Co Dublin, asked that her case be struck out, with an order for District Court costs, following a dispute as to whether her car had been struck at all in an alleged rear-ending at Whites Road, Phoenix Park.

To read the full story please visit:
https://www.independent.ie/irish-news/courts/mother-of-two-who-said-she-fractured-her-finger-in-alleged-car-rear-ending-sees-60k-personal-injury-claim-struck-out-42055646.html

A 44-year-old woman, who was seen on CCTV to “genuflect” before collapsing, has lost a personal injuries claim for €38,000 against the Omni Park Shopping Centre in Santry and Penneys.

Judge Terence O’Sullivan, after watching a video of the incident, said Beata Mosakowska appeared to collapse gradually as her already painful left knee bent and went from under her when she slowly went down, injuring her healthy right knee.

Forensic engineer Kevin Rudden, head of Garland Consulting, who inspected the area and carried out a detailed examination of CCTV footage of the incident, told the court he noticed Ms Mosakowska, now aged 54, going down on the left knee in an apparent genuflection movement.

To read the full story please visit:
https://www.independent.ie/irish-news/courts/woman-seen-on-cctv-to-genuflect-before-collapsing-on-floor-of-penneys-loses-38000-damages-claim-42057764.html