Rotunda apologises and makes €3.7m interim settlement for boy’s birth injuries (via Independent.ie)

The Rotunda Hospital in Dublin has apologised and made an interim settlement of €3.7m for the “shortcomings and failings” in care surrounding the birth of a boy more than a decade ago, the High Court heard.

Cian O’Connor, from Glasnevin, Dublin, has a learning disability and other motor coordination issues because of injuries allegedly sustained during his birth in 2008, the court heard.

Now aged 13, he has settled his legal action against the Dublin hospital for an interim sum of €3.7 million, which covers the period until 2032.

A letter on behalf of the hospital management and staff was read out in court, apologising for the “shortcomings and failings in care provided to Cian”.

“We do not underestimate how difficult this has been for your family and the challenge you and your family have faced as a result of these shortcomings and failings,” it continued.

The boy’s mother, Deirdre O’Connor, told the court she appreciates the apology but is “saddened it took so long to get”.

To read the full story please visit:
https://www.independent.ie/irish-news/courts/rotunda-apologises-and-makes-37m-interim-settlement-for-boys-birth-injuries-41658094.html

Burglars will no longer be able to claim for suffering injury (via Independent.ie)

The Cabinet has agreed to amend insurance legislation in order to make it harder for personal injuries claimants to take legal action against businesses and community groups

The move will also limit circumstances where a court can impose liability on the occupier of a premises where a person has entered it to commit an offence.

The amendments are aimed at reducing the cost of insurance cover.

Justice Minister Helen McEntee said she has Cabinet backing to amend the Occupiers’ Liability Act in a bid to rebalance the duty of care.

It comes as courts have been repeatedly accused of imposing an absolute duty of care on businesses, charities, sports clubs and community groups, and of ignoring the role played by the injured party themselves.

The duty of care refers to the obligations placed on people to act towards others in a certain way, in accordance with certain standards.

Ms McEntee said occupiers’ duty of care responsibilities must be balanced with personal responsibilities, including those of consumers.

The reforms proposed include a voluntary assumption of risk.

To read the full story please visit:
https://www.independent.ie/business/personal-finance/insurance/burglars-will-no-longer-be-able-to-claim-for-suffering-injury-41660401.html

Hospital caterer challenges award under new personal injury guidelines (via Irish Times)

Personal injuries board failed to give adequate reasons for award, woman claims

A challenge by a hospital catering assistant to a proposed €11,000 damages award under controversial new guidelines for soft tissue injuries suffered after an oven fell onto her opens on Tuesday at the High Court.

The award was made to Tara Wolfe by the Personal Injuries Assessment Board (PIAB) last June under guidelines slashing awards for minor personal injuries by up to 50 per cent which came into effect last April after being approved by a majority of the Judicial Council.

Ms Wolfe’s judicial review challenge against PIAB centres on her claim the board failed to give adequate reasons for its proposed award of €11,000. Several other challenges brought on reasons grounds have been taken and are awaiting a hearing.

To read the full story please visit:
https://www.irishtimes.com/news/ireland/irish-news/hospital-caterer-challenges-award-under-new-personal-injury-guidelines-1.4880728