Woman settles case over alleged birth injuries for €31m (Via Irish Times)

HSE reached settlement without admission of liability in case involving woman with cerebral palsy and brain injury

A young woman who sued over the circumstances of her birth at a Limerick maternity hospital has settled her High Court action against the Health Service Executive (HSE) for more than €31 million.

It is one of the highest payouts in the settlement of a case involving allegations of injury at birth. The settlement is without an admission of liability. The young woman cannot be identified by order of the court.

Her counsel, Dr John O’Mahony SC, told the court his client has cerebral palsy, a brain injury and cognitive impairment. He said she is adept at communication through speech and sign language but has a hearing loss.

She took an action against the HSE over the circumstances of her birth at St Munchin’s Regional Maternity Hospital, Limerick almost 20 years ago.

The HSE, counsel said, intends to offer an apology to the woman and her family but it will not be a public apology. He said the apology will be sent to the young woman and her parents at a later date.

Counsel said the €31 million was a final settlement figure and was achieved after negotiations. The money is to be paid out at different points to the family during the woman’s life. Counsel said the family was particularly concerned regarding the young woman’s later years.

‘Prudent’
He said the settlement package had been accepted by the HSE “as the prudent way of going forward”. The woman’s mother told Mr Justice Paul Coffey the family was happy with the settlement.

Mr Justice Coffey said he was sure the apology would be a source of comfort to the woman and her family. The judge had no hesitation in approving the settlement and he conveyed his best wishes to the woman, who sat in the court with her parents.

It was claimed by the woman’s side that there were two omissions in the care of the mother around the time of the birth.

A urine specimen was allegedly not examined, and if it had been, it would have shown an infection that could have been treated, it was contended. The second omission was that full dilation was not diagnosed and steroids were not given that would have been beneficial, it was claimed. The baby was delivered by Caesarean section.

It was claimed there was a failure to note that the mother was suffering from a urinary tract infection. There was also an alleged failure to properly diagnose the mother’s condition by way of premature labour when she attended the hospital.

It was further claimed the baby was deprived of the chance or opportunity of having treatment that would have assisted her in the birthing process. The claims were denied. The settlement will provide for the cost of care and therapies into the future.

To read the full story please visit:
https://www.irishtimes.com/crime-law/courts/2023/01/19/woman-settles-case-over-alleged-birth-injuries-for-31m/

Boy injured when his zip allegedly got caught in washing machine door settles for €25k (via Irish Examiner)

A young boy who fractured his arm when he claimed his zip got caught in a washing machine door has settled his High Court action for €25,000.

Jamie Luke Moran was nearly five years of age and was playing at home when it was claimed his zip got caught and the door of the family washing machine, which was in operation allegedly opened. The boy, it was claimed, lost his balance and his right arm went inside the tub and he suffered a double fracture.

The boy’s counsel, Conor Halpin SC instructed by Barra Newham solicitor, told the court it was “a bizarre case”.

Jamie, he said, was “running and playing” with his seven-year old brother at the time. The boy was taken to hospital where he had to have surgery but has since made a full recovery.

The settlement against Electrolux Group Ireland Ltd is without an admission of liability and counsel said it represented just about half the full value of the case because of the difficulties in relation to liability.

Counsel said the settlement also includes a further €25,000 towards the boy’s legal costs.

Jamie Luke Moran, now aged 14, of Cushla Grove, Monksland, Athlone, Co Roscommon, had sued Electrolux Group Ireland Ltd, with registered offices at Westland Park, Nangor Road, Dublin over the incident in September 2013.

It was claimed that as a result of his clothing catching the washing machine door, the boy lost his balance and his arm allegedly became caught in the spinning motion of the machine.

It was further alleged his arm was severely twisted amongst the clothing and he was very shaken and upset . He was brought by ambulance to hospital where it was found he had a double fracture and a “floating elbow”.

He had to have surgery and had to wear a cast for six weeks. He had a further procedure the following month but later made a full recovery.

It was claimed a washing machine which was allegedly defective had been provided.

Claims denied

Electrolux denied the claims and said it did not provide a washing machine which was defective or unsafe or constituted a hazard as alleged.

It also contended that any injury caused was not attributable to any wrong on the part of Electrolux, but arose by reason of the actions of a person unknown subsequent to the sale of the product.

Counsel told the court engineers who had examined the machine afterwards found the door in the locked position. He said they could not recreate the scenario and the machine was found to be in working order.

The washing machine was then sent for assessment in the UK. The Moran’s machine had been manufactured in early 2008 and bought by them in July of that year. The inspection report identified a plastic latch plate in the washing machine locking system which had a stamp from 2009.

Electrolux contended as a result there was no manufacturing defect. Counsel said the machine was still in warranty and it was “a complete puzzle”.

Approving the settlement Ms Justice Carmel Stewart said the offer was reasonable considering the difficulties in the case and she wished the boy well.

To read the full story please visit:
https://www.irishexaminer.com/news/courtandcrime/arid-41052359.html

Psychologist accused of ‘over-egging’ her pudding as €60,000 injury claim dismissed (via The Irish Times)

Blessing Agbo took case against Trinity College Dublin over fall down steps but videos played in court conflicted with evidence

A judge has dismissed a €60,000 damages claim taken by a psychologist against Trinity College Dublin after finding that she “over-egged her pudding” and exaggerated the extent of her injuries.

Judge John Martin ordered Blessing Agbo, of Greenmount Park, Green Road, Newbridge, Co Kildare, a former psychology student at Trinity, to pay the university’s legal fees in a case.

Ms Agbo (50) told defence counsel Shane English in the Circuit Civil Court that she had bounced down a flight of wet steps after leaving a lecture on the college campus on February 21st, 2017.

Mr English, who appeared for Trinity with Kerry Lyons of Ennis Solicitors, told Judge Martin that Ms Agbo told different doctors she had bounced, cascaded, tumbled and fell head over heels down the steps, injuring her foot, ankle, lower leg, hip, back and shoulder on her left side.

To read the full story please visit:
https://www.irishtimes.com/crime-law/courts/2022/12/14/psychologist-accused-of-over-egging-her-pudding-as-60000-injury-claim-dismissed