Latest News

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

Mary Scriven Solicitor of Ernest J Cantillon & Company 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 humorous . 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.

January 2010 - Ernest Cantillon lecturers Southern Law Association

In January 2010, the Southern Law Association requested Ernest Cantillon to give a lecture to Solicitors on the pitfalls affecting the legal profession at the present time. In particular, advice was given as to how to “stay out of trouble” as the SLA seminar was entitled.

Some 150 Solicitors attended on the 11th February 2010 at Jury’s Hotel, Cork. Mr. Cantillon outlined in his lecture the various ways in which Solicitors can get into trouble and how they can avoid trouble and how they can get themselves out of trouble!”

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

Mary Scriven Solicitor of Ernest J Cantillon & Company 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.

August 2009 - What do you call a Judge with no fingers?... JUSTICE THUMBS!!!

EJC & Co. are delighted to support Justice Thumbs, a project in aid of Down Syndrome Ireland beginning on Monday, 24th August 2009.

David O’Mahony (left of image) and Conor Maguire (right of image), founders of the project will be hitchhiking around Ireland in fancy dress, holding fundraisers in each town they stop in, in the hope of raising money for the very worthy cause of Down Syndrome Ireland.

They will be taking off from Dublin on Monday 24th August and will spend 10 days on the road, travelling the country, relying on the infamous Irish generosity to provide lifts, support and plots of grass for their tents! They will be stopping in Waterford, Kilkenny, Galway, Letterkenny, Tralee and Sligo among other towns to hold a series of fundraisers. EJC & Co. will certainly be in attendance at their Cork fundraiser which is taking place on Monday, 31st August 2009 in Sober Lane.For more details on the project, information on the route or to donate to the cause, you can visit their website on www.justicethumbs.com, and be sure to offer them a lift should you see them walking down your road.

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 & Company 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 Group of 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.

 

EJC & Co. continue to buck trends in extension of premises and recruitment of staff!

In continuing to buck the trends elsewhere, Ernest J. Cantillon & Co. Are happy to report that despite the economic downturn, our firm are in fact continuing to expand, both in terms of people and premises!

Due to the ever growing workload and increasing number of new client instructions, we have recently recruited new staff as follows:-

Cliona Kenny, Solicitor joined Ernest J. Cantillon & Co. Back in October 2004 as a trainee Solicitor. Having gained a valuable collection of skills in a variety of departments, she ultimately qualified in December 2008 and was employed as a Solicitor with the litigation department.

Cliona currently focuses on general litigation, personal injury and employment law matters and can be contacted at cliona.kenny@cantillons.com

In January 2009, our premises at 39 South Mall was extended into 40 South Mall. Partner Melissa Gowan, together with Solicitors Cliona Kenny and Susie Elliott have taken up residence in the new extension together with their assistants, Eileen Murphy and Yasmin Tawfick.

 

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 & Company 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. 

November 2008 - Making a Will
Ernest J Cantillon & Co offer the Essential Guide to an Essential Document

A properly constituted will is a clear document that gives legal effect to your wishes.  In order to ensure that the law on intestacy does not decide the fate of your property, it is essential to have a valid will in place. Intestacy law kicks in for those who do not have a will and in those circumstances; the property is distributed according to the rules with no regard for what wishes a person may have had. In other words, without a valid will, the law decides where your property goes, regardless of what your family may need/wish or recall as your wishes.

A valid will can ensure that your loved ones will be properly provided for and that your property will be distributed in the way you wish after you die.  With the right advice, a will can also be used as a tax planning opportunity and everyone should make use of the available tax free thresholds and any reliefs which may apply to you.  For example, the tax implications of passing on a pension fund need to be carefully considered.

If you die having made a will, your property will be distributed according to your wishes.  An executor is chosen by you and named on your will.  It is that person’s duty to ensure that the instructions in your will are complied with.  The executor can also inherit under your will.

When you do have a will in place, it is important to review its provisions on a regular basis, having regard to any changes in your or your family circumstances, amendments to the tax code or other legislation. If you marry, your will is automatically revoked.  If you have children, this will prompt the need to review your will.  If you own a business, you will need to assess how you want that business to be dealt with when you die. 

At Ernest J Cantillon & Company, we can assist you at every stage of your tax planning, will drafting and execution. Speak to us today and take control of your assets and your family’s future

November 2008 - Recommendation re prescription procedures at Coroners Inquest

On the 30th October, 2008, Pat Daly, Solicitor with EJC & Co represented a family at a Coroners Court Inquest.  The case was interesting in that the death had not been reported by the hospital as “unnatural” to the Coroner. 

The Deceased’s family became suspicious about the circumstances surrounding the prescription of antibiotics to the Deceased in the weeks before her death and so contacted the Coroner’s office.

On investigating the matter, EJC & Co established that antibiotics prescribed by her GP to treat a chest infection interacted with the blood-thinning medication, warfarin.   The Deceased’s INR levels (the ratio of the time taken for a patient’s blood to clot compared with a normal person) was, at the time of her admission to hospital, 11.9 whereas the normal INR is between 2 and 3.5. The Coroner was told that this increase in INR had triggered a fatal brain hemorrhage.

At the inquest, it was established that there were gaps in communications between GP's and warfarin clinics and this had contributed to the Deceased’s death.

The Hospital Physician, in retrospect, accepted that the Deceased’s death was not due to “natural” causes.

As a result, the City Coroner Dr. Myra Cullinane returned a verdict of Medical Misadventure and altered the Death Certificate to record the cause of death as bilateral subdural haemorrhage with subarachnoid extension due to elevated INR levels due to drug interaction between Warfarin and antibiotic therapy.  She made a recommendation that communications between Warfarin clinics and General Practitioners be reviewed

 

October 2008 : Órla Phelan's Employment Law Lecture

Following a request for information from a concerned employer in the Waterford region, on the 15th October 2008, Órla Phelan, Solicitor with the Employment Law Team of Ernest J Cantillon & Company addressed over 20 dentists in Waterford on the duties and obligations of an employer.

Topics covered included:-

• Terms of Employment (Information) Act, 1994
• Partnerships
• Hours of Work
• Probation
• Salary/ Remuneration
• Holiday/Sick Pay
• Pension/Retirement Age
• Grievance Procedure/Disciplinary Procedure
• Termination of Contract
• Bullying & Harassment
• Payment of Wages Act, 1991
• The Organisation of Working Time Act, 1997/Daily rest periods, rests & intervals at work, weekly rest periods, Sunday work & weekly working hours.
• Maternity Rights of Employees/Maternity Protection Act 1994/Maternity Protection (Amendment) Act, 2004/Payment during Maternity Leave/Paid time off for Ante Natal and Post Natal Care
• Parental Leave Act 1998
• Employment Equality Acts
• Redundancy Payment Acts
• Health & Safety Law

August 2008 : EJC & Co support Irelands first Surf Camp for kids with autism.

EJC & Co were delighted to support the Surf 2 Heal project which took place from Monday 25th to Friday 29th August 2008 at Garretstown, Co. Cork.

Jon Hynes, founder & director of the project stated "Surf 2 Heal is about more than surfing…it doesn't matter if the kids are on a body board, in a kayak or just splashing around in the water; if they are having fun, gaining confidence and building relationships with other people, then we're doing our job."

EJC & Co came on board in summer 2008 to purchase the 12 foot long surfboards which were used during the camp. These boards were custom built to be long and wide enough to allow a child and instructor ride the same wave with both exhilaration & absolute safety. The boards are currently traveling the country to ensure many more similar children gain the benefit of this therapeutic & enjoyable pastime.

5 days. 44 surfers. 60 volunteers. Endless fun. Great waves. Calm, relaxed, contented surfers. Beaming faces everywhere. We look forward to hearing of Jon Hynes’ next step with this wonderful project and congratulate him and his team on an incredible achievement.

For further information, see www.surf2heal.com