Previous Case Wins

Since our establishment in 1980, Ernest J Cantillon & Company has had unprecedented success in vindicating the rights of our clients.  The following are just a short selection of the extensive portfolio of cases in which we acted:

 

€2m Interim Settlement for Cerebral Palsy Birth Injury

On the 2nd November, 2010, Pat Daly of the Medical Negligence Group of Ernest J. Cantillon & Co, compromised a claim for a seven year old girl who was awarded the sum of €2 million by way of an interim payment.  The action was adjourned for a period of two years for final determination.  It is envisaged that in two years time, legislation will have been enacted to enable damages in catastrophic injury cases to be awarded on an annual periodic basis. If such legislation is enacted over the next year or two, it would then be possible for an annual sum to be awarded to cover care and other future expenses and this sum would be index linked against inflation.

The Plaintiff sustained injuries during the course of her birth at Tralee General Hospital (Kerry General Hospital), Tralee, County Kerry  The staff at Tralee General Hospital negligently managed her mother`s labour and, the Plaintiff’s delivery.   During the latter stages of labour, the Plaintiff suffered from a circulatory collapse and, fetal distress and the CTG trace became pathological at 12.17 / 12.18 hours and there was a total of 21 minutes, from when the trace became pathological, before the Midwife summoned the obstetrician, who on arrival did nothing to assist with the delivery.  Given that the Plaintiff was born at 13.06 hours there was, therefore, some 49 minutes from when the trace became pathological before the Plaintiff was born.  At birth the Plaintiff required resuscitation and on admission to the neonatal intensive care unit, the Plaintiff was acutely ill.  However, the Plaintiff’s condition stabilised and she was eventually discharged home the following month.
Subsequently, it was confirmed that the Plaintiff had sustained irreversible brain damage which has given rise to the condition of cerebral palsy of a dyskinetic/ athetoid (profound motor disability) kind with involvement of all four limbs.  The Plaintiff is profoundly physically disabled. She has impaired motor function, cannot walk, is wheelchair dependant and, has to be lifted bodily for all transfers. The Plaintiff can see, hear and vocalise but cannot communicate using speech.  She communicates by eye pointing. It appears that her higher faculties have been preserved as she appears to be intellectually intact. The Plaintiff attends mainstream school where she is keeping up with her peers. Because of her impaired motor function and mobility problems, she is and will always be, dependent upon the care and supervision of others. It is unlikely that the Plaintiff will be able to live independently. She requires and will require for life, occupational therapy, speech and language therapy, physiotherapy and nursing care/supervision.  The Plaintiff is very fortunate to be surrounded by a loving, immediate and extended family who will leave no stone unturned in order to maximise her potential.

The Trial of this matter had been listed for hearing on the 18th November, 2010 and was compromised by way of a negotiated settlement on the 1st November, 2010 which was approved by Mr. Justice Quirke on the 2nd November, 2010.  Who stated as follows:-

“......This is a very well presented case. It has been carefully examined and thoroughly investigated and I should compliment the professional advisers in relation to it.........”

The terms of settlement as stated above included an interim payment of damages in the sum of €2 million which will enable the Plaintiff`s parents to enhance the quality of the Plaintiff’s life by purchasing items such as nursing care, aids and appliances, assistive technology and, to build a suitable house to accommodation the Plaintiff`s many and complicated needs. 

 

GP & Chemist Settle Wrongful Death Case Caused by Prescription Errors

On the 17th December, 2010, Pat Daly of the Medical Negligence Group of Ernest J. Cantillon & Co succeeded in negotiating settlement in a fatal claim for an elderly widower.  The case highlighted the danger of prescribing macrolide antibiotics to patients who are on Warfarin. The claim settled for a significant six figure sum.

The Plaintiff brought proceedings in relation to the death of his wife in 2006 which arose out of errors made by the Deceased’s GP and Pharmacist. The background to the matter is as follows:   In 2003 the Deceased had a Transient Ischemic Attack and as part of her treatment plan, the Deceased was commenced on Warfarin. Whilst the Deceased had Warfarin checks (INR) initially, it appears that her INR was not checked for nearly three years. However, her GP continued to prescribe Warfarin and the Deceased continued to take Warfarin in the interim. Two months before her death her INR was re-checked in September 2006 and, her INR was satisfactory.

In October, 2006 the Deceased’s got the flu and attended her G.P surgery who prescribed antibiotics. However, her condition did not improve and she went back a second time and saw her G.P, who prescribed different antibiotics in the form of ERYMAX (erythromycin). The Deceased condition deteriorated and she went back a third time and, was seen by a different G.P in the practice who prescribed a third antibiotic in the form of Klacid (Clarithromycin). However, both Eyrmax and Klacid belong to the macrolide family of antibiotics which are known to potentate the effects of Warfarin.  It would appear that the GP’s, who were the Deceased’s primary carers, when they prescribed Eyrmax and Klacid to her in October/November, failed to either appreciate that the Deceased was a longstanding patient on Warfarin or failed to appreciate that the macrolide antibiotics potentiated the effects of Warfarin.  Similarly the Pharmacist, who dispensed the medicine, failed to alert the Deceased to the dangers involved in taking both medications simultaneously.  

In November, 2006 the Deceased collapsed and on admission to Hospital her INR was grossly abnormal.  On scanning the Deceased’s brain it was clear that she had bilateral subdural haemorrhage.   Neurosurgery was ruled out as a result of her increased INR.  The Deceased condition deteriorated and she died peacefully the following month. According to the Death Certificate, the cause of death was given as follows:-

"Bilateral Subdural Haemorrhage (20 Days)"

An Inquest was held into the death and the family was represented by Pat Daly Solicitor of the Medical Negligence Group at Ernest J. Cantillon & Co.  

At the Inquest it was accepted that the Deceased had died from a brain haemorrhage due to elevated INR levels as a result of the interaction between the macrolide antibiotics and Warfarin. Accordingly, the Coroner recorded a verdict of medical misadventure. 

Following the Inquest, the Coroner changed the Death Certificate and put the cause of death as follows:-

“Bilateral subdural haemorrhage with subarachnoid haemorrhage extension

Elevated INR

Drug interaction between Warfarin and antibiotic therapy"

 

GP Settles Claim for Failure to Excise Cancerous Mole

Liz O’Brien and Ernest Cantillon of the firm’s Medical Negligence Group brought a claim on behalf of a client.  His GP failed to excise a mole and as a consequence of the failure to excise the mole, he developed metastatic melanoma. He developed secondary cancer with devastating consequences. 

He had gone to his GP some years earlier with a suspicious mole on his leg.  The GP excised the mole and sent it for histopathological investigations.  The Histopathologist advised that the mole was suspicious and that the area around the mole should be widely excised.   This advice was prudent and should have been followed.  Unfortunately the GP did not follow the advice.  Unfortunately the cancer spread from the site of the mole and some years later the man was unfortunately diagnosed with secondary cancer which afflicted a number of significant organs.  Because of the risk that the man might die an application was made to the High Court for an early trial.  This application was successful with the consequence that the matter came on for hearing in the High Court in Dublin in November 2010.  At the hearing the GP agreed to settle the claim and significant compensation was awarded.  Shortly after the case settled, unfortunately, the man, sadly passed on. 

 

Recent Successes for Members of An Garda Síochána

Anne Wallace and Ernest J. Cantillon succeeded in obtaining awards or settlements for Gardai in the following circumstances.

• November 2010 – A Garda who sustained a fractured nose while trying to effect an arrest was awarded in excess of €25,000 by the High Court, following an application under the Garda Síochána Compensation Act.

• November 2010 – A Garda was awarded a sum of €13,000 for a neck injury received during the course of his duties. This award was made under the Garda Síochána Compensation Act.  

• During the latter part of 2010 and early 2011 a number of Gardai were awarded varying sums for the High Court for bite injuries sustained during the course of their duties. 

• In December 2010 and January 2011 the firm succeeded in recovering awards for two different Gardai who sustained back injuries during the course of their duties.

• In March 2011, A Garda who developed ENT problems following an assault, was awarded in excess of €25,000.00 arising out of a claim made under the Garda Siochana Compensations Act.

 

CASE WIN - July 2010 - Perforation of the Bowel

Ernest Cantillon Solicitor and Liz O’ Brien, Legal Executive acted on behalf of a woman who sustained a perforation to her bowel during the course of a surgical laparoscopy. The case settled in July 2010 for damages in the sum of €150,000.

 

July 2010 - CASE WIN - €4.7 million award for boy who sustained significant brain injuries

In July 2010, Susie Elliott, Solicitor represented a 10 year old who sustained catastrophic brain injuries as a result of a brain haemorrhage which he suffered at 30 days of age, due to what subsequently transpired to be vitamin k deficiency bleeding. The child was born perfectly healthy at the Bon Secours Hospital in Cork in June 2000. Arising from a negligent failure on the part of the delivering midwife to administer this little boy with a standard vitamin k injection, he remained naturally deficient in this vitamin which assists the blood in clotting/coagulating. As a result, at 30 days of age, he suffered a massive intracerebral bleed which has rendered him significantly disabled. A small blood vessel in the child’s brain had burst and there was a bleed in the brain which continued to trickle over a full weekend. It later emerged on readmission to the hospital that there was no coagulation of his blood at all. He was given a vitamin k injection and his blood developed coagulation quality within eight hours. He was later operated on neurosurgically but the damage was already done. As a result, the child was catastrophically injured. He has profound and lifelong intellectual and behavioral problems. He has also suffered uncontrollable epilepsy with uncontrollable ongoing seizures throughout the year. However, more recently, his parents have managed to bring this epilepsy under control by placing him on a very strict ketogenic diet, on which he remains.

During the course of the hearing, a Paediatric Haematologist gave expert testimony that she believed, irrespective of the hospital notes asserting that the Plaintiff had received a vitamin k injection, it was “highly unlikely” that this had occurred. This had led to a settlement offer being made for the first time.

In approving the settlement, Mr. Justice Vivian Lavin stated that the parents had been through a “very tough time” and that he was happy to approve the settlement. In a statement afterwards, the Plaintiff’s parents stated that they were “very pleased and also relieved to have finally arrived at this successful conclusion”. They signaled their intention to ensure that this “most precious little boy” would be content and comfortable as possible for the remainder of his life. The funds will be applied to purchase of a suitably adapted home, together with the necessary therapies, aids, appliances and equipment to ensure that this comfort and contentment can be achieved, as soon as possible.

 

March / April 2010 - PIAB Assessment of €75,000 accepted for fractured humerus

Orla Phelan, Solicitor, settled a personal injury action at Cork High Court in March 2010 for €75,000.00. The claim was taken on behalf of a gentleman who was the front seat restrained passenger in his partner’s car which went out of control, causing him a serious injury to his left shoulder.

Orla Phelan, Solicitor, successfully negotiated an enhanced redundancy package for the former General Manager of the Cork offices of a National organisation.  Orla Phelan secured an additional €35,000.00 for the client on top of his statutory redundancy payment.

Orla Phelan, Solicitor, represented the employers together with the insurance company indemnifying those employers in a High Court claim brought for an alleged wrongful dismissal and an alleged stress induced personal injury.  The claim was settled out of court, without admission of liability, for a fraction of the amount originally sought by the Plaintiffs.

Orla Phelan, Solicitor, secured a significant exit package for a client who was a Director of an International organization.  The agreement reached was in the order of €280,000.00.

Orla Phelan, Solicitor, settled a personal injury claim in which the Plaintiff sustained very serious injuries in a car accident.  The claim settled for €360,000.00 in April 2010.

Orla Phelan, settled an education and care case on behalf of a young man with a diagnosis of Autistic Spectrum Disorder. The claim was brought in the High Court by the Plaintiff’s father on his son’s behalf seeking a declaration that the education and care services provided to the young man in the past were inappropriate and seeking ameliorated services for him into the future.  Settlement was reached with the Department of Education and Science, the Department of Health and Children, the HSE, Ireland and the Attorney General on the basis of the provision of a comprehensive Care Plan for the young man into the future together with the payment of €60,000.00”

 

March 2010 - PIAB Assessment of €75,000 accepted for fractured humerus

Mary Scriven, Solicitor represented a client who, during the course of his duties as a Garda, was injured. He was assaulted by a visitor to the public office.  As a result of these injuries our client was out of work.  He was advised by the Garda Authorities that he was to be retired on medical grounds from An Garda Siochana.  Despite submissions made by both our client and ourselves, he was only awarded an ordinary pension when he retired.  An ordinary pension is awarded where a Garda retires on grounds of ill health arising from natural causes as opposed to ill health arising from an injury on duty.   Our client sought a special pension and this was refused.   We arranged to judicially review this decision by the Garda Authorities and the Minister for Justice and Finance to refuse our client a special pension.  On the day that the Judicial Review hearing was scheduled the State agreed to withdraw the decision refusing our client a special pension. Our client was also awarded the costs of having to bring these judicial review proceedings heard in March 2010.

 

February 2010 - PIAB Assessment of €75,000 accepted for fractured humerus

Mary Scriven Solicitor of Ernest J. Cantillon & Co. acted on behalf of a client who, while walking around the Lough, Cork City was caused to fall due to the uneven surface of a pathway.  As a result of this fall, our client fractured his left humerus . We brought a claim through the Injuries Board for our client as against Cork City Council.  The Injuries Board made an assessment of €75,000 in favour of our client which was accepted by both parties.

 

Woman Develops Fibromyalgia Post RTA Settles Claim

In October 2010 Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. settled a claim for a woman who was involved in a road traffic accident. There was little damage done to her car but she developed unfortunate widespread pain throughout her body. She was diagnosed as suffering from fibromyalgia (a very painful condition).    It was possible to establish a relationship between the onset of the fibromyalgia and the accident.  As a consequence in October 2010 the firm settled the woman’s claim for a sum in excess of €350,000.   

 

Pub Settles Claim for Injury Caused by Drunken Customer

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. settled a claim in October 2010 for a patron of a pub who was injured when a drunken patron of the pub stumbled and knocked our client off his stool.    The claim was based on the fact that the customer should not have been served as much alcohol as he was, and that he should have been ejected from the bar before he fell over onto our client. Our client (an elderly gentleman) suffered a dislocated shoulder and broken arm. The pub paid significant damages.

 

Whiplash Claim Settled

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. acted for a young man who was involved in a road traffic accident. He was driving through, on a green light, a junction controlled by lights.  Suddenly a truck broke a red light and crashed into our client with a consequence that he suffered very nasty whiplash, involving his neck and back.   The claim settled for a sum in the region of €50,000 in October 2010.

 

Employee Loses Increased Wages Claim

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. in November 2010 represented an employer in a claim being brought by the employee.  The employee alleged that he had an agreement which guaranteed him increases in his yearly wage package.  The employer disputed that there was any such agreement.  The High Court agreed with the employer and the employee’s claim was dismissed, with an award of costs in favour of the employer.  

 

Whiplash / Psychological Injury Claim Settled

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. settled a claim in July 2010 for a man who was involved in a road traffic accident.  The man was stationary when his car was struck from behind.  The man suffered a  whiplash injury and also, unfortunately, developed depression with Post Traumatic Stress Type symptoms.     Mary Scriven settled the claim for a six figure sum.

 

Builder Successfully Pursues Customer/Client

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a building contractor who carried out extensive renovations for a client.  The job started off as a reasonably modest job but once the building contractor was on site, a number of extra works were requested.     The householder (wrongly) sought to argue that the builder should only be paid for the initial work and not for any additional work.   Mary Scriven managed to secure a settlement which provided that the additional works were paid for.

 

The Straw that Broke the Camel’s Back

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a lady who was involved in a rather trivial road accident.  She was, however, a lady who had been involved in a number of accidents.  The most recent was trivial in terms of damage and impact. However, it had a most devastating affect on the lady.  Mary Scriven was able to point out that this was a typical case of the “straw the broke the camel’s back” and that were it not for this accident, this lady would have continued on in a reasonably healthy condition but the accident had devastating effects on her.  The case settled in October 2010 for a significant sum.  

 

Hospital Worker Settles Claim

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. settled a claim for a hospital worker who slipped and fell in the South Infirmary/Victoria Hospital Cork.  The floor had recently been washed and inadequate warnings (indicating a wet floor) were put up.  The worker was walking across the floor and had not been alerted to the fact that the floor was lethal because of the presence of liquid cleaning material on it.  She slipped and fell and sustained a very nasty injury to her back.  Mary Scriven settled this claim for a significant six figure sum.

 

Road Traffic Accident Case Settles

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of the driver of a car who was involved in an accident. Whilst driving near her home in Co. Cork, a neighbour reversed out of her home into the path of our client, as a consequence our client suffered a whiplash type injury and psychological injuries.  Mary Scriven settled the claim for a sum in excess of €50,000.

 

Clock Falls on Garda

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a Garda who sustained nasty head and dental injuries in a Garda Station when a clock in the station fell on her head.  Before the case was due to commence in the High Court in Cork, the case settled for a significant sum.

 

Norwegian Company Successfully Sues Irish Supplier

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a Norwegian company who purchased machinery from an Irish supplier.  The machinery turned out to be defective and Mary Scriven successfully negotiated a compromise for the Norwegian firm against the Irish supplier

 

Tenants Win Settlement

Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of tenants whose family had lived in a property for a long time, in respect of which property the Landlord wished to obtain repossession.   Cliona Kenny negotiated settlement of a significant sum of compensation for the tenants in return for them vacating the property

 

Employer Wins Unfair Dismissal Claim

In December 2010 Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a large corporate client against whom an unfair dismissals claim was made.    The claim was fully defended successfully by Ms Kenny.

 

Employee Unfairly Dismissed Settles Claim

In November 2010 Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. settled a claim that had been brought for an employee against his employer.  The employee had worked under stressful conditions and suffered from stress and then was suspended. The employee ultimately left and claimed that he was in effect constructively dismissed.   Cliona Kenny brought a claim for the stress induced illness and the unfair dismissal and settled the claim for a significant sum in November 2010.

 

 

January 2010 - Asbestos exposure poisoning fatal injury case settlement of €300,000 approved by the High Court

Mary Scriven Solicitor of Ernest J. Cantillon & Co. acted on behalf of the widow and next of kin of deceased  factory worker. During the course of his employment, the Deceased was exposed to asbestos, as a consequence of which he developed malignant mesothelioma and died.  Arising from the foregoing, we brought a fatal claim for the widow and next of kin of the Deceased. The case was settled in October 2009 for the sum of €300,000 .

 

November 2009 - Case Win - Acquired Brain Injury - Medical Negligence Failure to diagnose and treat Epilepsy.  

On the 19th November, 2009, the Medical Negligence Group of Ernest J. Cantillon & Co. settled a case for a 39 year old woman, in the sum of 2.5 million.  The Plaintiff was born with spina bifida and hydrocephalus, which rendered the Plaintiff paralysed below the mid thoracic level but the Plaintiff was intellectually mentally intact.

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November 2009 - €100K settlement for testicular amputation case

Ernest Cantillon Solicitor and Liz O’Brien, Legal Executive acted on behalf of man who suffered testicular torsion, where the blood supply to the testicle was compromised.  Urgent action was required  but because of the delay in treatment, he had to have the testicle amputated.  The case was recently settled against the HSE for €100,000.

November 2009 - Settlement received for injured lady following mismanaged labour and delivery

In November 2009, Ernest Cantillon and Susie Elliott, Solicitors obtained an out of court settlement for a lady who sustained significant injuries as a result of the appalling and grossly incompetent management of her labour and delivery of her first child. Following a long legal battle put up by the HSE, she ultimately obtained an admission of liability, which was followed by a full and unreserved apology from the HSE.

November 2009 - Award recovered for Garda bitten during the course of an arrest.

Mary Scriven Solicitor represented a Garda who was assaulted during the course of an arrest. The Garda was violently kicked and spat at by his assailant who was intoxicated from liquor and drugs.   The assailant bit into the Garda's hand, causing the skin to break and bleed. In the aftermath of this incident, the Garda required screening for Hepatitis C and HIV. Following a long and anxious wait, the tests were eventually returned in the negative. The Garda was awarded significant damages in November 2009.

October 2009 - €4.5m award for girl who sustained significant brain injuries at birth

In October 2009, Ernest Cantillon and Susie Elliott, Solicitors represented a 6 year old girl who sustained catastrophic brain injuries during the course of her mother’s labour and her subsequent delivery at St Luke’s Hospital, Kilkenny in October 2003. Resulting from the incompetence of the medical staff who handled her delivery and the further mismanagement after her birth, she  sustained a hypoxic ischemic insult to the brain arising from severe and prolonged oxygen deprivation. As a result, she has spastic quadriplegic cerebral palsy. She is both physically and mentally disabled. In a defence delivered in 2007, the HSE fully denied liability, notwithstanding that documents (subsequently obtained by ourselves in 2009 on foot of a Court Order) showed that there was an internal hospital investigation completed into the matter in 2004 which found significant systems failures. Liability was eventually admitted in July 2009. Following a demand thereafter by Susie Elliott for an explanation and apology, the HSE ultimately gave a full and unreserved apology for the “undoubted trauma” which was suffered as a result of the acts and omissions of the HSE. No explanation was ever given. In approving the award on the 27th October 2009, Ms Justice Mary Irvine stated that she had “no hesitation” in approving the settlement. She remarked that it was a pity the HSE did not apologise sooner, given the significant anxiety the family had experienced.  The funds will be applied to the purchase of a suitably adapted home, together with the necessary therapies, aids and appliances to ensure this little girl, who is cared for by a wonderful family, can live as comfortable and contented a life as possible.

 

Oct 2009 - Award in excess of €10,000 for injured Garda

Ernest Cantillon, Solicitor and Anne Wallace, Legal Executive acted on behalf of an off duty Garda who was viciously assaulted during the course of his duties. An Award was made in his favour in excess of €10,000.00 at the High Court in Dublin in Oct 2009.

Oct 2009 - Award in excess of €9,000 for injured Garda

Ernest Cantillon, Solicitor and Anne Wallace, Legal Executive acted on behalf of a Garda who sustained an injury to his right hand whilst restraining an offender.   He received an award in the region of €9,000.00 at the High Court in Dublin.

 

 

 

CASE WIN - November 2009 - Acquired Brain Injury - Medical Negligence Failure to diagnose and treat Epilepsy.  

On the 19th November, 2009, the Medical Negligence Group of Ernest J. Cantillon & Co. settled a case for a 39 year old woman, in the sum of 2.5 million.  The Plaintiff was born with spina bifida and hydrocephalus, which rendered the Plaintiff paralysed below the mid thoracic level but the Plaintiff was intellectually mentally intact. She attended main stream school and passed her inter/group certificate and did various secretarial / information technology courses at Waterford Regional Technical College, National Council for Vocational Awards and FÁS.  The Plaintiff was a vibrant woman with immense social skills.  She had a large circle of friends and she led a full and “active” life, up until 2003.  

In July 2003, the Plaintiff started to develop seizures however, the treating hospitals failed to diagnose and treat the seizures as epilepsy. As a consequence of that failure, the Plaintiff, on the 6th of September, 2005 went into status epilepticus, which was poorly managed and not brought under control in a timely fashion. As a result, the Plaintiff sustained hypoxia (lack of oxygen during the prolonged seizure) and this lead to brain damage. This injury left the Plaintiff with a profound disturbance of recent recall, which constitutes a severe disability which is irreversible.  In addition, the Plaintiff’s physical disabilities become more profound and she was no longer able to assist in carrying out her activities of daily living.  As a consequence of the mental and physical deficits which have arisen as a direct result of the negligently acquired brain injury, the Plaintiff’s care requirements manifestly increased and she now requires nursing care/supervision on a twenty-four hour basis whereas previously, she would only need assistance with some of her activities of daily living. Accordingly, on behalf of the Plaintiff, we claimed the over and above costs of care associated with the acquired brain injury.  The trial was due to commence on the 19th November, 2009 but was compromised by way of negotiated settlement on the 18th November, 2009, in the sum of €2.5 which was approved by Mr. Justice Quirke.

 

Case Win - July 2009 – Homebirth Negligence  

In July 2009, Susie Elliott, Solicitor with Ernest J. Cantillon & Co. represented a woman at the High Court in Dublin who lost her baby as a result of the negligent acts and omissions of her independent midwife in a homebirth setting.

The Plaintiff commenced labor and delivered her late baby son at home in July 2004.  However, this was a breech birth and as a result of the negligence of the midwife, the baby suffered significant damage to his brain which led to his death in hospital 5 days later.

On receipt of the relevant medical records, we investigated the issues of negligence/breach of duty and causation.  Our experts unanimously found that there was “appalling” breaches of duty which had caused the brain insult to the infant and his subsequent death.  The proceedings were issued in 2007 and a full Defence was filed.  The midwife denied any liability whatsoever for the injuries sustained to the Plaintiff and indeed the death of the infant.  This denial of liability was maintained until November 2008. 

The Defendant midwife was struck off the Register of Nurses by the High Court in December 2008 following an inquiry into the allegations against her conducted by the Fitness to Practice Committee of An Bord Altranais (Nursing Board). 

A tender for settlement of the action was submitted in June 2009 and came before Mr. Justice Quirke on the 8th July, 2009 for ruling/approval.  The Court ruled that the entire sum be paid to the Plaintiff and he sympathised with her.  The Plaintiff was awarded €228,500.28 damages plus costs.

July 2009 - Award in excess of €9,000 for injured Garda

Ernest Cantillon, Solicitor and Anne Wallace, Legal Executive recently acted on behalf of a Garda who was trying to effect an arrest when assaulted during the course of his duties, suffering injuries to his neck and back.  He received an award in excess of €17,000.00 at the High Court in Dublin.

July 2009 - Award in excess of €80,000 for Garda during course of duties

Ernest Cantillon, Solicitor and Anne Wallace, Legal Executive recently acted on behalf of a Garda who, during the course of his Garda duties, was attacked and viciously beaten. He unfortunately sustained psychiatric injuries including Post Traumatic Stress Disorder, together with injuries to his neck and back.    An award was made in his favour in excess of €80,000.00.

 

July 2009 - CASE WIN – Homebirth Negligence  

In July 2009, Susie Elliott, Solicitor with Ernest J. Cantillon & Co. represented a woman at the High Court in Dublin who lost her baby as a result of the negligent acts and omissions of her independent midwife in a homebirth setting.

The Plaintiff commenced labor and delivered her late baby son at home in July 2004.  However, this was a breech birth and as a result of the negligence of the midwife, the baby suffered significant damage to his brain which led to his death in hospital 5 days later.

On receipt of the relevant medical records, we investigated the issues of negligence/breach of duty and causation.  Our experts unanimously found that there was “appalling” breaches of duty which had caused the brain insult to the infant and his subsequent death.  The proceedings were issued in 2007 and a full Defence was filed.  The midwife denied any liability whatsoever for the injuries sustained to the Plaintiff and indeed the death of the infant.  This denial of liability was maintained until November 2008. 

The Defendant midwife was struck off the Register of Nurses by the High Court in December 2008 following an inquiry into the allegations against her conducted by the Fitness to Practice Committee of An Bord Altranais (Nursing Board). 

A tender for settlement of the action was submitted in June 2009 and came before Mr. Justice Quirke on the 8th July, 2009 for ruling/approval.  The Court ruled that the entire sum be paid to the Plaintiff and he sympathised with her.  The Plaintiff was awarded €228,500.28 damages plus costs.

 

May 2009 - CASE WIN - Neonatal Negligence.

In May 2009, the High Court delivered Judgment in a case that was brought on behalf of a nine year old boy arising out of injuries sustained in the neonatal period following his birth at Tralee General Hospital. The Medical Negligence Groupof Ernest J Cantillon & Co represented the Plaintiff.

The Plaintiff was born in Tralee General Hospital by normal vaginal delivery, on the 14th February 2000. He started vomiting on the second day of life, which was described as “egg yolk yellow”.  The significance of this finding was not recognised and he was discharged home on the 17th February 2000, only to be readmitted the next day the 18th February, 2000 in a critical condition. The Plaintiff was transferred to Our Lady’s Hospital for Sick Children, Dublin and a diagnosis of midgut volvulus due to malrotation (a congenital abnormal arrangement of the intestine inside the abdomen) was made. In the Plaintiff’s case, the bowel twisted and caused an intestinal obstruction of the blood vessels supplying his small bowel which became gangrenous and needed to be removed.  The Plaintiff underwent several laparotomy operations which culminated in the loss of the majority of his small intestine. The small intestine is the organ of nutrient absorption, and as such, it is a vital organ. As a consequence of having almost all of his entire small intestine removed, the Plaintiff is unable to digest and absorb sufficient food to sustain growth.  This situation is referred to as Short Bowel Syndrome and he has to have enteral feeding, which impacts on the Plaintiff’s ability to carry out his activities of daily living, and will severely impact on his social, domestic and industrial life.

We issued proceedings against the Paediatrician in charge of the Plaintiff’s care and the Hospital.  Both Defendants denied liability and the matter proceeded to trial. After 9 days of hearing, the Solicitors for the Paediatrician settled the matter with the Plaintiff. The case continued as the Defendants could not agree an apportionment of liability. The Court ruled that the Paediatrician was 75 % liable and the Hospital was 25% liable.

 

April 2009 - CASE WIN - Whiplash victim awarded €137,000.00

In April 2009, Ernest Cantillon, Solicitor represented a man who suffered a whiplash injury following a road traffic accident. The Judge accepted the Plaintiff’s evidence and found him to be an honest hardworking man who was keen to get back to work as soon as possible after the accident which occurred in October 2004.

The accident, for which liability was admitted, caused the Plaintiff to suffer extensive injuries which kept him out of work for a significant period of time.

The Judge assessed damages for pain and suffering to date at €40,000.00 and pain and suffering into the future at €30,000.00. Loss of past earnings and potential future earnings, together with medical expenses, accounted for the balance of the award made.

Liability was admitted pre-trial. This case was before the court for an assessment of damages only.

 

April 2009 - CASE WIN – Ophthalmic Negligence.  

In April 2009, the Medical Negligence Group of Ernest J Cantillon & Co settled a case for a Plaintiff arising out of injuries sustained during the course of treatment to his right eye at Cork University Hospital on the 17th February, 2003.  Not only was the initial treatment of anterior stromal puncture inappropriate, it was also negligently performed in that it punctured the central part of the Plaintiff’s cornea. As a result, a significant portion of the Plaintiff’s central vision has been irreparably affected by this negligent treatment.

The trial was due to commence on the 28th April, 2009 but was compromised by way of negotiated settlement on the 27th April, 2009. The Plaintiff was awarded €250,000 damages plus costs.

 

Case Win- April 2009 - Whiplash victim awarded €137,000.00

In April 2009, Ernest Cantillon, Solicitor represented a man who suffered a whiplash injury following a road traffic accident. The Judge accepted the Plaintiff’s evidence and found him to be an honest hardworking man who was keen to get back to work as soon as possible after the accident which occurred in October 2004.

The accident, for which liability was admitted, caused the Plaintiff to suffer extensive injuries which kept him out of work for a significant period of time.

The Judge assessed damages for pain and suffering to date at €40,000.00 and pain and suffering into the future at €30,000.00. Loss of past earnings and potential future earnings, together with medical expenses, accounted for the balance of the award made.

Liability was admitted pre-trial. This case was before the court for an assessment of damages only.

July 2009 - Award in excess of €9,000 for injured Garda

Ernest Cantillon, Solicitor and Anne Wallace, Legal Executive recently acted on behalf of a Garda who was trying to effect an arrest when assaulted during the course of his duties, suffering injuries to his neck and back.  He received an award in excess of €17,000.00 at the High Court in Dublin.

July 2009 - Award in excess of €80,000 for Garda during course of duties

Ernest Cantillon, Solicitor and Anne Wallace, Legal Executive recently acted on behalf of a Garda who, during the course of his Garda duties, was attacked and viciously beaten. He unfortunately sustained psychiatric injuries including Post Traumatic Stress Disorder, together with injuries to his neck and back.    An award was made in his favour in excess of €80,000.00.

 

July 2009 - CASE WIN – Homebirth Negligence  

In July 2009, Susie Elliott, Solicitor with Ernest J. Cantillon & Co. represented a woman at the High Court in Dublin who lost her baby as a result of the negligent acts and omissions of her independent midwife in a homebirth setting.

The Plaintiff commenced labor and delivered her late baby son at home in July 2004.  However, this was a breech birth and as a result of the negligence of the midwife, the baby suffered significant damage to his brain which led to his death in hospital 5 days later.

On receipt of the relevant medical records, we investigated the issues of negligence/breach of duty and causation.  Our experts unanimously found that there was “appalling” breaches of duty which had caused the brain insult to the infant and his subsequent death.  The proceedings were issued in 2007 and a full Defence was filed.  The midwife denied any liability whatsoever for the injuries sustained to the Plaintiff and indeed the death of the infant.  This denial of liability was maintained until November 2008. 

The Defendant midwife was struck off the Register of Nurses by the High Court in December 2008 following an inquiry into the allegations against her conducted by the Fitness to Practice Committee of An Bord Altranais (Nursing Board). 

A tender for settlement of the action was submitted in June 2009 and came before Mr. Justice Quirke on the 8th July, 2009 for ruling/approval.  The Court ruled that the entire sum be paid to the Plaintiff and he sympathised with her.  The Plaintiff was awarded €228,500.28 damages plus costs.

 

April 2009 - CASE WIN - Whiplash victim awarded €137,000.00

In April 2009, Ernest Cantillon, Solicitor represented a man who suffered a whiplash injury following a road traffic accident. The Judge accepted the Plaintiff’s evidence and found him to be an honest hardworking man who was keen to get back to work as soon as possible after the accident which occurred in October 2004.

The accident, for which liability was admitted, caused the Plaintiff to suffer extensive injuries which kept him out of work for a significant period of time.

The Judge assessed damages for pain and suffering to date at €40,000.00 and pain and suffering into the future at €30,000.00. Loss of past earnings and potential future earnings, together with medical expenses, accounted for the balance of the award made.

Liability was admitted pre-trial. This case was before the court for an assessment of damages only.

 

May 2009 - CASE WIN - Neonatal Negligence.

In May 2009, the High Court delivered Judgment in a case that was brought on behalf of a nine year old boy arising out of injuries sustained in the neonatal period following his birth at Tralee General Hospital. The Medical Negligence Groupof Ernest J Cantillon & Co represented the Plaintiff.

The Plaintiff was born in Tralee General Hospital by normal vaginal delivery, on the 14th February 2000. He started vomiting on the second day of life, which was described as “egg yolk yellow”.  The significance of this finding was not recognised and he was discharged home on the 17th February 2000, only to be readmitted the next day the 18th February, 2000 in a critical condition. The Plaintiff was transferred to Our Lady’s Hospital for Sick Children, Dublin and a diagnosis of midgut volvulus due to malrotation (a congenital abnormal arrangement of the intestine inside the abdomen) was made. In the Plaintiff’s case, the bowel twisted and caused an intestinal obstruction of the blood vessels supplying his small bowel which became gangrenous and needed to be removed.  The Plaintiff underwent several laparotomy operations which culminated in the loss of the majority of his small intestine. The small intestine is the organ of nutrient absorption, and as such, it is a vital organ. As a consequence of having almost all of his entire small intestine removed, the Plaintiff is unable to digest and absorb sufficient food to sustain growth.  This situation is referred to as Short Bowel Syndrome and he has to have enteral feeding, which impacts on the Plaintiff’s ability to carry out his activities of daily living, and will severely impact on his social, domestic and industrial life.

We issued proceedings against the Paediatrician in charge of the Plaintiff’s care and the Hospital.  Both Defendants denied liability and the matter proceeded to trial. After 9 days of hearing, the Solicitors for the Paediatrician settled the matter with the Plaintiff. The case continued as the Defendants could not agree an apportionment of liability. The Court ruled that the Paediatrician was 75 % liable and the Hospital was 25% liable.

 

April 2009 - CASE WIN – Ophthalmic Negligence.  

In April 2009, the Medical Negligence Group of Ernest J Cantillon & Co settled a case for a Plaintiff arising out of injuries sustained during the course of treatment to his right eye at Cork University Hospital on the 17th February, 2003.  Not only was the initial treatment of anterior stromal puncture inappropriate, it was also negligently performed in that it punctured the central part of the Plaintiff’s cornea. As a result, a significant portion of the Plaintiff’s central vision has been irreparably affected by this negligent treatment.

The trial was due to commence on the 28th April, 2009 but was compromised by way of negotiated settlement on the 27th April, 2009. The Plaintiff was awarded €250,000 damages plus costs.

 

Case Win - January 2009

Terminally ill baby home for Christmas ’08 following negotiation, agreement & implementation of suitable home care package

• In November 2008, Susie Elliott Solicitor with Ernest J. Cantillon & Co. was contacted by the parents of a terminally ill baby who was hospitalised some considerable distance from her rural home. The child remained in hospital for a number of months, despite being certified fit for discharge home by the treating paediatricians. This was because the HSE adopted the position that the baby’s needs could not be met at home.
  
  On the parent’s instructions, Susie Elliott negotiated vigorously with the HSE on the child’s behalf for the implementation of a home care nursing & support package. These negotiations ultimately culminated in the child being brought home, safely in time for Christmas 2008.

 

PRISION OFFICER CASES

GARDA COMPENSATION CASES:

MEDICAL NEGLIGENCE CASES:

We act on behalf of clients in medical negligence actions where they suffer injuries arising out of the negligence on the part of doctors, dentists and/or hospitals.    The following are examples of the types of cases in which we acted and the awards recovered.

 

 

PERSONAL INJURY CASES:

 

LOSS OF FINANCIAL OPPORTUNITY

We acted successfully for a client who sued the Legal Aid Board and the State when there was a delay in the processing of her application for free legal aid leading to a loss on her behalf in being awarded maintenance for herself and her son.  

 

CONSUMER LIABILITY/DEFECTIVE PRODUCTS

We acted for a client who purchased a brand new vehicle which turned out to be defective.  The case was settled by the garage buying back the vehicle from our client and paying our clients a sum of €1000 by way of compensation for the stress and upset in having a purchased a vehicle which was not fit for the purpose for which it was intended.

 

RESIDENTIAL INSTITUTIONS REDRESS BOARD CASES

We have acted for a number of clients who have made applications to the Residential Institutions Redress Board for abuse suffered by them at various institutions in the past.   Offers of awards between €50,000 and €100,000 have been made to our clients.

 

EDUCATION / SPECIAL NEEDS CASES >>

 

January 2009 - CASE WIN - Terminally ill baby home for Christmas ’08 following negotiation, agreement & implementation of suitable home care package

In November 2008, Susie Elliott Solicitor with Ernest J. Cantillon & Co. was contacted by the parents of a terminally ill baby who was hospitalised some considerable distance from her rural home. The child remained in hospital for a number of months, despite being certified fit for discharge home by the treating paediatricians. This was because the HSE adopted the position that the baby’s needs could not be met at home.

On the parent’s instructions, Susie Elliott negotiated vigorously with the HSE on the child’s behalf for the implementation of a home care nursing & support package. These negotiations ultimately culminated in the child being brought home, safely in time for Christmas 2008.

December 2008 - CASE WIN : Fertility Treatment / Necrotizing Fascilitis

We acted on behalf of a couple who attended a Consultant Gynaecologist for a fertility treatment. The Gynaecologist carried out a laparoscopy on the wife which was contraindicated due to a previous failed laparoscopy and her increased weight. Following the laparoscopy, she developed necrotizing fascilitis (commonly called the flesh eating bug). She became critically ill and as a result of the infection, lost most of her abdominal wall muscles. She suffered severe pain and as a result of her injuries, she is now unable to have children. Her husband has also lost the ability to have a natural child with his wife. Ernest Cantillon of Ernest J. Cantillon & Co. settled this case for a substantial sum in December 2008.

November 2008 : CASE WIN : Epilepsy / Tumour / Failure to Investigate

In November 2008, in Dublin’s High Court, Susie Elliott, Solicitor with EJC & Co. represented a young woman who attended a Neurologist over an extensive number of years complaining of epilepsy and other neurological and increasingly worrying symptoms. The Neurologist in question prescribed various medications which were changed from time to time with little or no relief for the patient. He carried out a number of EEG tests but did not (crucially) carry out any CT or MRI scans. This was not withstanding the availability of such radiological investigative equipment in the hospital where the woman was treated. Fortunately, the lady was seen by another Neurologist (after many long years of unnecessary pain, suffering and epileptic activity) who directed that a scan be carried out immediately. This scan unfortunately showed a brain tumour which had been in situ for many years causing the aforementioned symptoms. It required operative intervention and decompression in order to control the epilepsy and other neurological symptoms. At this stage however, the tumour had unfortunately grown significantly. We were in a position to establish that the failure to scan was negligent and that it caused damage to the woman in question in terms of many years of unnecessary epileptic seizure activity and suffering. If she had been scanned at an earlier point in time, the tumour decompression surgery could have taken place at an earlier point also with a significantly better outcome for the patient and her family. The case settled in November 2008 for a significant sum.