Compensation Claims for Vaginal Mesh Likely

2017 saw a number of vaginal mesh claims being initiated in Ireland is it is likely, following recent media reports in the United States and United Kingdom, that there will be a number of new cases submitted as the topic has made the headlines once more.

In 2017 legal counsel for the women who took the legal actions in Ireland stated that they (they women) only became aware of the cause of their suffering after they witnessed new reports from the UK on the matter.

There is currently a ban on vaginal mesh being used medically in the UK. In the USA more than  100,000 people have submitted compensation claims due to injuries and illnesses that the believe was caused by the use of vaginal mesh.

UK specialist chemist Dr Chris DeArmitt, has aided almost 9,000 women settle their vaginal mesh compensation claims. He said, during a recent interview with Sky News, that the use of the material is unsafe: “There are two main reasons why any plastics material expert will tell you just obviously that this is a bad material and I have never heard anyone who disagrees with me. I see an absolute disregard for proper testing. Testing is way less than you would see on a vacuum cleaner or a washing machine. It’s shocking. I’ve never seen anything like it in my career.”

The ban in the UK will remain active until such time as the results of an independent safety review are fully properly examined. The report was begun following report of thousands of women suffering from constant pain in the aftermath of the use of vaginal mesh being used as a treatment form for them. Common painful symptoms of complications with vaginal mesh included constant pain, sex being uncomfortable, daily work tasks being difficult due to pain and mobility issues. This pain is caused when vaginal mesh cuts through organs, impacting tissue and can lead to causing permanent nerve damage.

The Food and Drug Administration (FDA) in the US prohibited the trading of all mesh intended for the treatment of pelvic organ prolapse. This decision was taken due to the suffering of many women who had the procedure being witnessed.

National Institute for Care and Excellence (NICE) in the UK revealed that they are considering reinstating vaginal mesh a treatment option once the current ban is lifted. A release from NICE remarked: “The benefits and risks of each type of treatment are laid out to ensure every woman is fully informed. Where the evidence is limited, this is also highlighted. There are a number of procedures recommended by NICE, including mesh procedures.”

 

 

 

 

 

Posted in Hospital Injury in Ireland, Medical Instruments Negligence

Birth Injury Compensation Settlement of €10.5m for 12-year-old Boy

At the High court a €10.5million birth injury compensation settlement has been approved for 12-year-old Samuel Forde who took a personal injury compensation action against the Health Service Executive (HSE) in relation to the manner his birth at Sligo General Hospital in August 2006.

Samuel’s mother, Deborah Forde, submitted the medical negligence action on his behalf. Des O’Neill SC, legal representative for the forde family, alleged that there was a failure to promptly diagnose and act upon the condition of the child before delivery. He added that there was an alleged failure to admit Mrs Forde to hospital on August 19, 2006 so that she could be monitored and acted upon appropriately. Finally, he said that the pregnancy was permitted to to continue well past its due date resulting in the failure to deliver the baby at the proper time.

Legal representative for the HSE denied all of these claims.

Presiding Judge Justice Kevin Cross was told how Mrs Forde had attended a check up on August 15, 2006 which had not brought up anything unordinary. However, when she returned two days later, as she thought she might be in labour, a CTG was applied to monitor the baby’s heartbeat . Mrs Forde, who now lives at Glenview Park, Grange, Co Sligo was then informed that she could return home after a number of tests were completed.

When a midwife called Mrs Forde on August 20 to check in she (Mrs Forde) said that there was less movement she was told to return to hospital immediately. A CTG and checks were completed again and Samuel was delivered through cesarean section August 20,2006. Following delivery he had to be intubated.

The High Court in the High Court was informed that Samuel has cerebral palsy which has completely impacted his life. His requirements for the rest of his life are thorough extensive including lifelong care.

The Forde family began court proceedings following Samuel’s medical card being  withdrawn a few years ago.

Following the approval of the settlement Solicitor David O’Malley for the Fordes said the family wished for Samuel to live a life which is “as happy and as included as possible. Hopefully the financial settlement can bring him that stability. Mediation was a very effective mechanism to resolve this case”.

Justice Kevin Cross said the Fordes had cared for their their son “over and above” and he wished “the loving and protective family” going forward.

Posted in Childbirth Negligence in Ireland, Hospital Negligence in Ireland

€10,000 Compensation for HIV Positive Woman after Dentist Stopped Treating Mid-Procedure

€10,000 in compensation has been awarded to a HIV positive woman after a dentist refused to treat her, coming to a halt while she was in the dentist chair and already under anaesthetic, after she told him that she had HIV status.

The dentist has also committed to providing a written apology to the woman in question.

Before her appointment for a dental treatment the woman had made her HIV status known to the dental clinic. However, during the procedure, and after she had been given a dose of anaesthetic, the woman was asked by the dentist as to whether she was currently taking medication. She told the dentist that she is taking her HIV medication. He, the dentist, then withdrew his service due to his perceived concerns regarding contamination.

The woman told the hearing: “I felt embarrassed, ashamed and I was really stressed and very anxious. Playing the whole scenario in my head again made me feel a kind of rejection. I went in confident thinking they knew my status and it was okay for them to help me, but after what happened it has had a huge impact on my self-esteem. It took me back to the time when I first found out about my HIV status. The woman added: “I had no idea that what they had done was wrong until after speaking to my doctor. I feel like going to the WRC helped me, as I believe the clinic is now aware that their conduct towards me was wrong. I feel better hoping they will not treat anyone that way, not only because they agreed compensate me, but also because staff will receive awareness training.”

The dental clinic has committed to implement an appropriate company policy that reflects their dedication to equality and will ensure that comparable incidents do not come up in the future. The dental clinic will also carry out equality and diversity, including HIV, training to its full time staff.

The woman said that she will now will also withdraw her discrimination case under the Equal Status Act which she had submitted the Workplace Relations Commission (WRC).

Chief Commissioner of the Irish Human Rights and Equality Commission, Emily Logan stated: “Dentists, just like other service providers are obliged to meet the commitments of the Equal Status Acts which protects people against discrimination. The clear message from this settlement is discrimination of this nature is not acceptable and should be challenged.”

HIV Ireland stated: “Unfortunately, this is not an isolated incident. Some dentists and dental services continue to refuse treatment to people living with HIV, incorrectly believing that there are special places to treat people who are HIV positive.”

 

Posted in Dentist Negligence in Ireland

Birth Injury Negligence Compensation Settlement of €32m for Boy (9)

A nine year old boy Benjamin Gillick, who sustained life-long brain injuries as a result of a delayed diagnosis of infection following surgery by medical staff has had a €32 million medical negligence compensation award approved at the High Court.

He sustained the injuries when his mother was giving birth to him as only a small child just an infant. Benjamin’s parents, Miriam and Andrew Gillick, expressed their wishes that with the judge would not give his approval to the birth injury compensation settlement as they felt that were of the opinion that the amount is not enough. This is due to the fact that it will not be enough to assist him for the remainder of his life. They said: “It leaves us with a shortfall that will be imposed on ourselves or our children, or possibly our grandchildren.”

Judge Justice Kevin Cross told the court that a small percentage of the birth injury compensation, under €500,000, was being awarded due to the life changing injuries inflicted on Benjamin during his birth. The rest of the birth injury compensation settlement is made up of the costs associated with Benjamin’s complex treatment, educational and housing needs for the rest of his life.

The family, who previously had an address at Knockmaroon Hill, Chapelizod, Dublin now reside in London.  As party of the personal injury compensation action Benjamin claimed that  the hospital was negligent with regard to the review, diagnosis, medical treatment and care of the shunt infection.

In giving his approval for a final settlement offer of €25m, Judge Cross stated: “When the headlines come to be written it should be noted that no one is getting a bonanza”.

The boy’s father, Andrew Gillick, informed Judge Cross that he is extremely concerned in relation to the proposed settlement award not being sufficient when compared to rates of return on investment in England, where the family now live. He added that there has recently been a similar case ruled on in the UK where the compensation award was approximately €45m due to the costs of medical-carers, therapists, aids and appliances, transport and education. Mr Gillick sobbed as he spoke of of his son’s “gruelling regime”daily that includes therapy for hours each day and that the necessity for  at least two carers. He added that their estimations in relation to their son’s needs were not inflated.

 

 

Posted in Childbirth Negligence in Ireland, Hospital Negligence in Ireland, Medical Negligence in Ireland

Meath Man Awarded €3.5m Personal Injury Compensation for Car Crash Injuries that have Confined him to Wheelchair Since 2014

A man who sustained life-changing injuries in a road crash five years ago has settled his personal injury compensation action for €3.5m at the High Court today.

The man, 59-year-old Finian McKenna, has been restricted to life in a wheelchair due to the road traffic accident that took place five years ago.

Mr McKenna told the High Court that he had been driving his car near Dunganny, Trim, Co Meath, when a Farrelly Transport vehicle crashed into him as it was  overtaking, or attempting to overtake, a number of parked vehicles. It was also alleged that the owners of the parked vehicles had left them in a dangerous and unsafe place. All of these claims were denied by the defendants.

Mr McKenna experienced many fractures and was in hospital for 12 months. His injuries meant that he is restricted to a wheelchair. Justice Cross told the High Court that Mr McKenna is now being cared for by his brother, Shane.

Justice Cross said Mr McKenna sustained serious injuries through no fault of his own. The settlement figure had been agreed to be all parties so the case was before the court for assessment of damages only.

With an address at Beechmount Gardens, Navan, Co Meath, Mr McKenna sued Castlekeeran Transport Ltd, operating as Farrelly Transport, with offices at Carnaross, Kells, Co Meath. Mr McKenna also made a road accident compensation claim against the driver of the other car, Marius Anuska of Riverstown, Kilmessan, Co Meath, due to the car crash that occurred on November 4, 2014. Other compensation claims were also submitted against the owners of two vehicles parked where the accident took place.

Mr McKenna was wished all the best for the future by Mr Justice Cross as his approved the settlement.

Posted in Hospital Injury in Ireland

€750k Hospital Negligence Award After ‘Delay’ on CT Scan Led to Brain Bleed

A man who took a hospital negligence compensation action against St James’ Hospital Dublin, regarding the care he was given after he was violently attacked,  has settled his High Court damages action for €750,000.

Francis Cunningham (45), who is now restricted to a wheelchair, had a laceration on the back of his head when he was brought to St James’ Hospital in Dublin following the assault, which happened place in 2010. His legal counsel, barrister Oisin Quinn SC, told the court that Mr Cunningham, who was discovered to have bleeding on the brain after having a CT scan, should have had the scan sooner after he was admitted. This would have results in him having brain surgery earlier and, more than likely, he would have been able to walk and live as normal.

Mr Cunningham, with an address at Casement Park, Finglas, Dublin, through his brother James, of the same address, took the hospital negligence compensation case against St James’s Hospital over the carehe was given on October 2, 2010, following a violent attack that had happened nearby.

It was stated by Mr Cunningham’s legal counsel that:

  1. There was a failure to properly treat and diagnose Mr Cunningham when he was rushed to the hospital by ambulance.
  2. There was a failure to deal with his injuries with proper urgency, particularly due to his head injuries.
  3. There was a failure to complete any suitable observation or monitoring of his injuries.

It was commented that when Mr Cunningham was brought to the hospital A&E at 3.26pm that his chief complaint was alcohol and his secondary complaint a cut to his head. Two hours later when he was further reviewed, it was recorded that Mr Cunningham was drunken and not verbalising and had a wound on the rear of the head.

It was claimed that a CT scan, which took place three hours after his admission, indicated bleeding on the brain and he was rushed to a different hospital for brain surgery. It was claimed at this stage his clinical condition had greatly decreased.

St James’s Hospital admitted that it was in breach of duty and that a review of Mr Cunningham at 5.20pm should have lead to a request for a CT brain scan. All other claims were denied by the legal representatives for the hospital.

In giving his approval for the medical negligence compensation settlement, Mr Justice Kevin Cross said it was a proper amount.

Posted in Hospital Negligence in Ireland, Medical Negligence in Ireland, Nursing Negligence in Ireland

€750k Medical Negligence Award for Family of Woman who Died Hours after Visiting Local Doctor

A medical malpractice High Court compensation award settlement of €750,000 has been approved for the family of a 42-year old mother of three who passed away following a heart attack which occurred soon after attending with her local GP due to cardiac arrest-like symptoms.

Sheila Tymon was discovered by her three young daughters, aged between five and ten, after she had collapsed at home on her bed. The girls phoned their father Michael who rushed back to their house at Carrick on Shannon, Co Leitrim.

A post mortem examination on June 29, 2013, revealed that Mrs Tymon had serious cardiovascular disease  and her heart was in an enlarged state. The cause of death was recorded as acute cardiac failure.

The claimants said that there was there was a absence of adequate care given to Mrs Tymon. Mr Tymon, who had been driving his car home at 70kmph in a 50km zone with his lights flashing, had been spotted an off duty Garda detective who followed him and helped him try to resuscitate his wife. Their three daughters stood watching as this was happening.

With his daughters  Rachel, Rebecca and Katelyn, Mr Tymon with an address at Kilboderry, Summerhill, Carrick on Shannon. Co Leitrim, took the medical negligence compensation action against general practitioner Martina Cogan who was practising at Keadue Health Centre, Keadue, Boyle, Co Roscommon when his wife died in 2013.

Legal representative for the Tymons family, Pearse Sreenan SC, said the family were of the opinion that the GP should have sent Mrs Tymon on for further review and treatment and that, by not doing so, denied a course of action may have prevented her untimely passing.

It was claimed in court that Mrs Tymon went to Dr Cogan on June 10 as she was suffering from abnormal sensations in her chest and down both arms which were very unpleasant and causing her severe discomfort and pain. Dr Cogan, it was alleged, deemed Mrs Tymon’s blood pressure was high and diagnosed a possible case of shingles.

A 24-hour ambulatory blood pressure monitor was put in place when Mrs Tymon attended the doctor’s surgery again suffering from pain two days later. An antihypertensive medication was prescribed and additional review was scheduled for later in July 2013. However, though she was taking the prescribed medication Mrs Tymon went on experiencing pain.

Due to this, Mrs Tymon contacted the doctor’s clinic to see if they could bring the review appointment forward on June 25 but she was told that there was no availability until June 27. She accepted this and at the subsequent appointment it was noted she was still suffering from constant jabs in the front of the chest, shoulders, the top of her back and down her arms. A diagnosis of a musculoskeletal condition was the conclusion and the doctor prescribed anti inflammatory medication to treat this

After went home on June 27 feeling, according to her family, reassured. However, later that same evening she felt some more pain in her neck spreading into her head. At 19.45 pm, her children found her lying completelymotionless on her bed.

The medical negligence compensation settlement, without an admission of liability, was approved by Justice Kevin Cross.

Posted in Doctor Negligence in Ireland, Hospital Negligence in Ireland, Medical Negligence in Ireland, Nursing Negligence in Ireland, Wrongful Death

52-year-old Woman died due to Hospital Negligence, €300k Compensation Awarded to Family

At the High Court recently the family of a woman who died due to sepsis after contracting a rare infection in the aftermath of a hernia operation have been awarded €300,000 personal injury compensation and have also been issued with an apology in relation to circumstances of their mother’s death.

A mother of two children, Susan McGee died away just over 10 days after having a surgical procedure on her hernia at the Hermitage Clinic in Dublin on July 24, 2013. Following the surgical  procedure, Ms McGee contracted a rare Clostridium Difficile bowel infection. The inquest into her death resulted in a  verdict of medical misadventure was the conclusion delivered.

Melissa Barry, with an address at Grange Rise, Stamullen, Co Meath and her brother John McGee , Bretton Woods, Skerries Road, Rush , Co Dublin filed the hospital negligence compensation action against the Hermitage and consultant surgeons Arnold Hill and Colm Power due to the standard of treatment provided to their mother in July 2013.

The defendants admitted liability, the High Court was advised. Mrs McGee began to suffer complications following hernia surgery in July 2013. Ms McGee’s attending surgeon was not in the clinic due to annual leave when she went back to the clinic after becoming ill. It was made known to The High Court that a different doctor was not available. Due to this, and despite the best efforts of the surgeons that were on site, Ms McGee passed away on 22 July 2013.

Melissa Barry, speaking on behalf of the family, told the High Court saying that her mother’s sad death resulted in a lot of psychological trauma for her family members. She said: “Our mother is missed every day by her entire family and a large circle of friends. We owed it to our amazing mam to seek answers and justice. We hope she can now rest in peace while we can rebuild the rest of our lives.”

Ms Barry added: “The Hermitage Medical Clinic has reassured us new procedures are in place for the handover of patients and we hope lessons have been learned. Patients need to be assured that details of their medical condition and care plan are properly communicated  if they are being put in to the hands of a different medical professional. Hospital staff must also listen to and act on the concerns of a patient’s family.”

As he gave his approval to the hospital negligence malpractice compensation settlement, Justice Mr Justice Robert Eagar, expressed his condolences to the woman’s family.

Posted in Hospital Negligence in Ireland, Medical Misadventure, Medical Negligence in Ireland

€650,000 Birth Negligence Compensation Awarded to Family of Dead Woman

A High Court compensation action for nervous shock caused by death in childbirth has been settled for €650,000 in favour of the husband and son of a woman who died at the National Maternity Hospital (NMH) shortly after having an emergency caesarean section.

Nora Hyland (31), who was originally from Malaysia, died on the operating table at the NMH, Holles Street, Dublin, on February 13, 2012, just three hours after having an emergency caesarean section during the birth of her son Frederick. Despite the compensation action being settled, the hospital did not admit liability and refutes the claims that were made.

Legal Counsel for the Hylands, Sasha Louise Gayer, told the High Court that the family were satisfied with the settlement but were too upset to attend court for the approval hearing. Ms Gayer advised the court that Frederick was delivered successfully. However, shortly after the delivery Ms Hyland began to lose a lot of blood.

The inquest into Ms Hyland’s death returned a verdict of medical misadventure. She (Ms Hyland) had to wait almost 40 minutes for a blood transfusion after she suffered severe bleeding during the emergency birth.

Dublin coroner Dr Brian Farrell ruled that the cause of death was cardiac arrest which happened as a result of severe post-partum haemorrhage. However, he could not confirm that the delay in Mrs Hyland receiving blood was a “definite” factor in her death.

The inquest was also told that a labelling error in the laboratory led to a 37-minute delay in Mrs Hyland being given the blood transfusion. Another issue was that no emergency supply units of O-negative, the universal blood type, were kept in operating theatres at the National Maternity Hospital at the time of the incident. Swift steps were employed in theatre and a request for blood was processed just after midnight.  A blood transfusion was completed 40 minutes later.

Mr Hyland, (42)  Station Road, Portmarnock, Co Dublin had taken the legal action against the National Maternity Hospital for nervous shock in relation to the traumatic circumstances.

Posted in Childbirth Negligence in Ireland, Hospital Negligence in Ireland, Medical Negligence in Ireland

Cerebral Palsy Birth Injury Compensation of €9.1m Awarded to 7 Year Old Boy

A €9.1m cerebral palsy birth injury compensation settlement has been approved at the High Court for a seven-year-old boy due to the events surrounding his delivery at Cavan General Hospital in 2011.

Jarrah Folkman (7) cannot walk or talk and Elysha McCrudden, his mother, told the High Court that she can never hear her son’s voice due to the injuries he sustained. She added that the birth injury compensation settlement will greatly help her son in relation to future treatment but she lamented that various windows of opportunities for Jarrah had been missed.  Ms McCrudden added that, along with Jarrah’s father Ben Folkman, she had been made to feel that they were responsible for the manner of Jarrah’s birth at times over the last seven years.

In approving the cerebral palsy birth injury compensation settlement against the Health Service Executive, Justice Cross praised Jarrah’s parents for the care they have provided for him over the previous seven years.

Taking the birth injury compensation action through his mother, Jarrah sued the HSE in relation to the manner of his birth at Cavan General on April 19, 2011.

The High Court was told that there was an alleged failure to properly read the CTG trace which indicated a number of decelerations when Ms McCrudden was brought to the hospital on April 15, 2011. Ms McCrudden was sent home and came back to the hospital two days later.

The initial CTG trace, it was also alleged, was not noted as decelerative after Ms McCrudden’s admission and a plan was implemented to continue close monitoring and prepare for an expedited delivery.

Legal representation for Jarrah, Denis McCollough SC, told the High Court that an unsafe set of conditions had remained during the delivery.  The baby it was alleged, should have been delivered on April 16. Mr McCollough said  was flat and unresponsive and required resuscitation when he was finally given birth to.

The HSE accepted liability in the cerebral palsy compensation case which was before the court for assessment of final damages.

Posted in Childbirth Negligence in Ireland, Hospital Negligence in Ireland