A young boy who allegedly suffered a shoulder injury during his birth at a Cork hospital is to receive €275,000 under a settlement of his High Court action against the HSE.

Seán Daly (8), Kinvara Park, Ballyvolane, Cork, had, through his father Denis, alleged he suffered the injury during his delivery at St Finbarr’s Hospital, Cork, on October 8th, 2004.

Yesterday, Dr John O’Mahony SC, for the child, told Ms Justice Mary Irvine the settlement was made without admission of liability.

A three-year-old girl suffered nightmares after gardaí had attempted to enter her home by force at night, a judge was told yesterday.

Ruby Whearity was upstairs with her mother when gardaí had been let into her home by her father in January last year, only for them to find they were in the wrong house.

Barrister Bebhin Sparks told the Circuit Civil Court that a garda had gone upstairs and there were others in the house and garden, before they realised they had attempted to enter the “incorrect address.”

She told Mr Justice Matthew Deery that liability with regard to the error was not an issue and while Ruby, whose home is in Chapel Close, Balbriggan, Co Dublin, had been extremely distressed by the incident, her anxieties had resolved within a matter of months.

Ms Sparks said Ruby, who is now aged four, had … Read More »

A mistaken accusation of theft against a group of six “browsing” schoolgirls has cost a Dublin shop €70,000 in damages and legal costs for slander and false imprisonment.

Circuit Court president Mr Justice Matthew Deery yesterday approved a €7,500 settlement offer by Claire’s Accessories UK Ltd to mother-of-one Jacqueline O’Reilly (17).

Barrister David Conlan Smyth told the Circuit Civil Court it was the sixth case he had settled in relation to a single incident in the company’s store at the Ilac Centre, Dublin, in October 2008. He said the cases against Claire’s Accessories UK had been settled for €7,500 each, with costs. Legal costs for such cases in the Circuit Civil Court average between €4,000 and €5,000.

Mr Conlan Smyth said Ms O’Reilly, St Theresa’s Gardens, Donore Avenue, Dublin, had been browsing in the shop, which specialises in jewellery and accessories, with five … Read More »

A 16-year-old schoolboy who was hit over the head with a steel stool by another student has been awarded €9,000 damages in the Circuit Civil Court.

Ivan Daly, for Daniel Mulligan, Sillogue Park, Ballymun, said the boy had been assaulted initially in the corridor of Trinity comprehensive secondary school, Ballymun, Dublin, in October last year.

Shortly afterwards he had been hit on the head in a classroom with a stool by another student. The blow caused a three-inch cut to the boy’s scalp which required eight stitches.

Mr Daly said Daniel and his fellow pupils were being supervised at the time and there was a possibility the case could be lost on failure to prove negligence.

He said he was happy to recommend the Circuit Civil Court’s approval of a €9,000 settlement offer by the school.

Circuit Civil Court president Mr Justice Matthew Deery directed … Read More »

A woman who suffered a head injury and was left blind in one eye after she was hit by a bus in Dublin city is to receive €900,000 in settlement of her High Court action.

Cam My Lam (65), Ongar Park, Clonsilla, Dublin, was walking at St Stephen’s Green, Dublin, on January 13th, 2009, when she was hit by a bus and knocked unconscious. Ms Cam, a native of Vietnam, sued Dublin Bus claiming she suffered serious personal injuries due to alleged negligence and breach of duty. The claims were denied.

She also claimed she was unable to resume work as a babysitter and had had difficulty in looking after her autistic son since.

Her counsel told the High Court his client could not see from her right eye and her left eye vision was blurred. She had also lost her sense of … Read More »

A teenage girl who suffered a shoulder injury at birth is to receive €380,000 under a settlement of her High Court action made without admission of liability.

Mary Griffin (15), Shanacloon, Fermoy, Co Cork, through her father Donal, had sued a consultant obstetrician, Patrick Kieran, Orchard Road, Cork, and Bon Secours Health System Ltd, College Road, Cork, over alleged negligence during her birth at the Bon Secours Hospital, Cork, in 1997.

It was claimed Ms Griffin sustained a permanent injury to her left shoulder during her delivery and now suffers from Erb’s palsy. It was alleged Dr Kieran failed to identify the risk of shoulder dystocia prior to or during the delivery.

The claims were denied.

A €4.25 million settlement has been approved by the High Court for a boy who is paraplegic as a result of devastating injuries suffered by him six years ago, when a car driven by his mother was involved in a head-on collision with a truck.

Seán McCullagh, now 10, was a back-seat passenger in a belted-in booster seat in the car at the time of the crash, which occurred on Ballycoolin Road, Blanchardstown, Dublin, in February 2006 when his mother swerved to avoid a pothole. He suffered catastrophic injuries.

Mr Justice Gerard Hogan in the High Court heard that the truck driver was exonerated of any blame in the matter.

Seán, through his father Rory, Summerfield Avenue, Blanchardstown, had brought proceedings against his mother as the insured driver of the car.

Liability was accepted and the case was before Mr Justice Hogan for assessment … Read More »

A seven-year-old boy crunched his teeth into a metal screw buried in a piece of black pudding, a court was told yesterday.

Jennifer Murphy, for Daniel Hendricken, said the incident happened in August 2010. Ms Murphy said Daniel (now nine), Foxdene Green, Lucan, Co Dublin, loosened some of his teeth on the left side of his mouth when he chewed on the screw.

He had been given initial first aid and taken to his local dental clinic on his return home. He was referred to the Dublin Dental Hospital for specialist treatment.

His mother, Denise Hendricken, sued the pudding manufacturer, Loughnane’s of Galway and took a personal injury action on her son’s behalf.

Ms Murphy told Circuit Court president Mr Justice Matthew Deery that Seán Loughnane (Galway) Ltd had offered Daniel compensation of €8,500 which she was recommending to the court.

She said the boy … Read More »