Cerebral Palsy

• We acted on behalf of a young girl who suffered Cerebral Palsy due to the medical negligence surrounding the care afforded to her and her mother during the course of her delivery. The hearing of this action commenced in the High Court but was thereafter compromised for € 7. 5million. This is currently the highest Personal Injury award in the history of the State

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. 

Misdiagnosis/diagnosis delay:

• We acted for a child who suffered meningitis as a baby which was not diagnosed or treated with due expedition as a result of which he suffered severe brain damage. We recovered an award of €2,900,000 on his behalf.
• We acted on behalf of a boy who was left paralysed as a result of the misdiagnosis of a spinal tumour.  His case was settled for €1,140,000.
• We acted on behalf of a man whose young wife died in hospital as a result of the failure on the part of doctors to diagnose a perforated ulcer.   The case was settled for €600,000.
• We acted on behalf of a woman who was wrongly diagnosed with malignant breast cancer and had to undergo an unnecessary partial mastectomy.  The case settled for a significant sum.
• We acted for a young lady who suffered a fractured elbow.  X-Rays taken on admission to hospital were incorrectly interpreted as a result of which she was inappropriately treated and suffered further injury.  Her case settled for €70,000.
• We acted on behalf of the sister of a young man who suffered from fatally high levels of calcium which required urgent treatment.  He was referred to hospital by his general practitioner.  Doctors at the hospital did not notice the raised calcium levels in a note attached to the referral letter and he was not given the urgent treatment he required.  He subsequently died in hospital.  His sister received a significant sum for abnormal grief reaction.
• We acted on behalf a man who suffered a fracture to his leg during the course of a rugby match.  Doctors failed to diagnose that he also suffered a vascular injury as a result of which he had to undergo a through knee amputation of his leg.  The case was settled for in excess of €250,000.
• We acted on behalf of a young man whose dislocated finger was misdiagnosed as a result of which he was left with a permanently stiff, useless finger. Proceedings issued but the matter was compromised for €125,000.00 out of Court

• We acted for a woman whose husband died in hospital as a result of the ventilator he was attached to becoming disconnected.  The case was settled for €200,000.

• We 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.
• We 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.
• We instituted Medical Negligence proceedings on behalf of a lady who suffered an abnormal grief reaction following the still-birth of her daughter. Following negotiations, this matter settled for €190,000.

• We have acted for a number of clients who suffered severe injuries as a result of neglect in the delivery of dental treatment to them. Our clients have been awarded sums between €175,000 and €350,000.

Laparoscopic Errors

• 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.

Shoulder dystocia / Erbs Palsy:

• We acted on behalf of a mother of a young boy who sustained shoulder dystocia during the course of her labour and the subsequent delivery of her son. Arising from the horrific circumstances surrounding the birth, this lady sustained gynecological injuries and post traumatic stress disorder. We instituted proceedings on her behalf. She was awarded € 240,000.00.
• We acted for the parents of a child who suffered Erbs Palsy as a result of the manner in which she was delivered.  The parents also suffered psychiatric injuries as a result of witnessing the circumstances surrounding the delivery. The case was settled for €600,000 in respect of the child and €30,000 each for the parents.
• We acted on behalf of a young boy who sustained Erbs Palsy as a result of the negligence surrounding his care at birth. Following extensive negotiations, the matter was compromised for € 900,000.00, the highest settlement reached for this type of case in the State.

• We acted on behalf of a lady whose bowel was perforated during the course of her caesarean section. Proceedings issued but the matter was compromised out of court for the sum of € 80,000.00

• We acted on behalf of an infant who sustained a severe brain injury as a result of the administration of a three in one vaccine. The case was unsuccessful in the High Court but was successfully appealed to the Supreme Court.  The Supreme Court determined that the Plaintiff’s condition was caused by a toxic batch of the vaccine.  The case was referred back to the High Court for assessment of damages and was subsequently settled for €2.75 million.

• We have acted on behalf of a client who while crossing a road in Cork City slipped and fell on a defective footpath as a result of which he sustained a broken ankle.   Our client’s case settled for a sum in excess of €15,000.
• Another of our client’s was socialising in a public house when he was caused to slip on a wet floor as a result of which he suffered a broken nose and lacerations to his face.   this case settled for €16,000.
• We acted on behalf of an infant who sustained injuries in a fall in an apartment whilst on vacation abroad.  We successfully sued the travel company and our client received compensation in excess of €20,000

• We acted for a client who sustained an acquired brain injury as a result of a road traffic accident.  We recovered an award of €2.74m.
• We acted on behalf of a Plaintiff who sustained severe personal injuries in a road traffic accident in which she was thrown from the vehicle. We brought proceedings on her behalf and recovered a settlement in excess of €2.75m.
• We acted for a client who was a passenger in a vehicle involved in a road traffic accident.  Her case settled for €70,000.
• We acted on behalf of a client who was involved in a Road Traffic Accident and who was subsequently diagnosed with MS.  We were successful in establishing aggravation of the pre-existing MS condition with the Road Traffic Accident and negotiated a substantial settlement on his/her behalf.
• We acted on behalf of a number of international clients who were involved in a road traffic accident.  With the assistance of translators, we successfully negotiated settlements for each of them which varied between €24,000 and €30,000.         

• A client of ours brought an action against her employers for injuries suffered as a result of having developed a latex allergy and contact dermatitis during the course of her employment. Following negotiations, the case settled for in excess of €200,000.
• We acted on behalf of a client who sustained injuries during the course of his employment as a builder when he sustained a fall.  Following negotiations we secured a settlement in excess  of €725,000.00.
• We acted on behalf of a client who contracted TB during the course of employment with a State body. We successfully negotiated settlement of the claim for in a significant sum.
• We acted on behalf of a client who was involved in an industrial accident.  She sustained injuries to her back in the course of her employment whilst lifting a refuse bag. We sued her Employers and secured damages in excess of €140,000.
• We acted for a client who, during the course of his employment was struck by a food container which fell from a height causing him a severe back injury.   This case settled for in excess of €200,000.
• We acted for a client who sustained a severe back injury during the course of his employment.  His case was settled for €350,000. 
• We acted for a client who sustained a hand injury again during the course of his employment.  His case settled for €250,000.
• We acted for a client who was electrocuted during the course of his employment.   His case settled for €250,000.
• Ernest J Cantillon & Company acted for a number of clients in recent years who were employed by the Health Service Executive as a Child Care Workers in Open and High Support Units for young juveniles. During the course of their employment, these clients were, on separate occasions, assaulted by residents of the unit. As a consequence, they sustained both physical and psychological injuries including injuries to the face, neck, shoulders, arms and back. Financial losses were also suffered. Ernest J Cantillon & Company instituted proceedings on behalf of these employees, claiming the following:-
• Neither the Plaintiffs nor their colleagues were adequately trained in self defence or in de-escalating a violent situation.
• The Plaintiffs had been trained in Therapeutic Crisis Intervention (TCI) which was not appropriate for the placements in question.
• The HSE did not take adequate notice of the myriad of warning signs exhibited in previous violent episodes by all of the residents in question (i.e. the violence was foreseeable).
• No adequate risk assessment was carried out.
• No adequate placement plan was carried out.
• The units themselves were physically inappropriate (loose furniture used as “weapons” etc).
• There was a failure to give adequate support after the incident.