Latest News

 

November 2011 - €1.004m interim settlement for boy who sustained brain injuries at birth.

In November 2011, Susie Elliott Solicitor represented a young boy in the High Court, Dublin in a medical negligence action against the Health Service Executive.

The circumstances giving rise to this case concerned a negligently managed labour and delivery of the Plaintiff at Erinville Hospital, Cork in 2004. During labour, pathological cardiac tracing patterns were apparent, showing evidence of severe foetal distress which warranted immediate delivery by caesarean section. Tragically, such an expedited delivery did not occur. Instead, delivery was executed with a contra-indicated Neville Barnes forceps, tragically resulting in a "double injury" to the baby, namely a hypoxic injury due to oxygen deprivation during labour, with a superimposed structural brain injury which arose by virtue of the inappropriate forceps delivery.

This young boy has cerebral palsy as a result of the foregoing and will require ongoing care, therapies and supervision for his entife life.

The case was listed for hearing as and from the 15th November 2011. Liability was admitted in October 2011 and an apology was furnished from the hospital to the Plaintiff and his family. The case settled on an interim basis for the sum of €1,004,000 (excluding loss of earnings which will be dealt with in March 2012) and a future hearing will take place to assess further damages to be paid to maintain the Plaintiff for the remainder of his life in November 2013.

 

November 2011 - €150,000 damages for breast surgery negligence

In November 2011, Susie Elliott Solicitor represented an injured lady in the High Court, Dublin in a medical negligence action concerning negligently planned and executed breast reduction surgery. Allegations were also made of a failure to appropriately counsel the patient pre-operatively and in particular, warn her of the various risks inherent in the surgery as contemplated. There was also a failure to care for and treat the patient post-operatively, when complications developed. The case settled without admission of liability in November 2011 for the sum of €150,000.

 

 

November 2011 - Child Dies Due to Failure to Diagnose Cardiac Condition

Pat Daly, solicitor of the Medical Negligence Department of Ernest J Cantillons & Co. succeeded in settling a claim for the family of a child (aged 12), who died in February 2007, as a result of the failure of the HSE to diagnose that he was suffering from acute myocarditis. Two claims were brought, one being fatal claim arising out of the death of the boy, and the second was a claim for post traumatic shock, for the awful events that the mother had to witness in the hospital.

 

July 2011

Clíona Kenny, Solicitor successfully acted on behalf of a client who sustained a whiplash injury and an injury to his knee following a road traffic accident.  The Injuries Board assessed the claim in the sum of €30,000.00 in favour of our client which was accepted by both parties

 

June 2011 – Record Structured Settlement Award following Acquired Brain Injury

In June 2011, Solicitors Ernest Cantillon and Susie Elliott represented a twenty two year old young lady, Patricia Ingle from Limerick who sustained a profound brain injury as a result of an infection, contracted during the course of her employment at a pet store, which was subsequently mismanaged by the Mid Western Regional Hospital, Dooradoyle, Limerick and the Health Service Executive.

The Multi-million Euro structured settlement award exceeded the highest ever such award in a High Court Personal Injuries Action.

The structured settlement agreement with the Health Service Executive, which was made a Rule of Court and is listed to go before the Court once again in July 2013, allowing for payment of costs arising in relation to Ms. Ingles’ life time care, aids, equipment, appliances, therapies, accommodation and loss of earnings.

Outside the Court, following the settlement, Ms. Ingle issued to the following statement:-

“I am so grateful for the legal assistance.  Only for it I would still be imprisoned in a hospital room through no fault of my own.  I would like to thank my family, my friends and all who have supported me throughout the last three years especially all at Ernest J. Cantillon's firm of Solicitors, particularly Susie Elliott, for their work on my behalf.” 

 

June 2011

Clíona Kenny, Solicitor acted on behalf of a client who suffered whiplash injury and depression as a result of a road traffic accident.  We brought a claim through the Injuries Board against the driver of the other vehicle.  The Injuries Board made an assessment of €40,000.00 favour of our client which was accepted by both parties.

 

June 2011 - Consultant Orthopaedic Surgeon Settles Claim.

In June 2011, Karen Kearney, Solicitor of the firm’s Medical Negligence Group compromised a claim which arose out of severe injuries sustained by a client during the course of arthroscopic knee surgery carried out by a Consultant Orthopaedic Surgeon. Briefly, the purpose of the operation was to repair a tear of the medial meniscus of the client’s right knee. Unfortunately, the client’s patellar tendon was transected by the Consultant Orthopaedic Surgeon during the surgery and the client subsequently developed a significant rupture of his patellar tendon. Over the course of the 12 months following the surgery, the client was required to undergo three further major surgeries and extensive physiotherapy to rectify the damage to the knee. In addition to the extensive physical injuries sustained by him, the client also suffered psychological injuries. Shortly before the case was due to commence in the High Court in Dublin for two weeks, Karen Kearney settled the case for a significant sum.

 

June 2011 - Stillbirth Case Compromised 

On the 22nd June, 2011, Pat Daly of the Medical Negligence Group of Ernest J. Cantillon & Co, compromised a claim for a lady who had a stillbirth at 34 weeks gestation as a result of negligence.  The client at 29 weeks gestation was diagnosed with Polyhydramnios (excessive amniotic fluid).  At 32 weeks gestation, the client was admitted to the Maternity Ward of South Tipperary General, where she remained an inpatient for 14 days and had fetal surveillance in the form of twice daily CTG tracings. A detailed ultrasound scan was performed in the Rotunda Hospital to establish if there was a cause for the Polyhydramnios and the baby was found to have the condition of “double bubble”, atresia of the small intestine, but that the rest of the fetal anatomy looked normal. The client was discharged 14 days later and the fetal surveillance was discontinued. Two days later the client re-attended South Tipperary General Hospital as she felt no movement. No fetal heartbeat could be detected and she was informed that the baby had died.  What should have been a joyful, memorable occasion instead turned out to be a slow motion horror story. Having found out that the baby was dead, the client had to go home to see if she would go into spontaneous labour and it was not until 5 days later that a caesarean section was performed to deliver her stillbirth son. This caused the client to suffer physical and psychological injuries.

The obstetric experts instructed in the case were of the opinion that the CTG recordings performed during the client`s admission at South Tipperary General Hospital were pathological and that a caesarean section should have been performed to deliver the baby prior to discharge from South Tipperary General Hospital. A Paediatric Surgeon was of the opinion the duodenal atresia could have been treated surgically.

On the first day of the trial which was fixed for hearing (which we scheduled to last for three weeks), the HSE offered a substantial sum to compensate the client, which sum she accepted.

During the course of the Defence of these proceedings the HSE sought   to argue that an unborn baby who died in womb did not have rights under the Civil Liability Act.  It was suggested that the unborn does not have the benefit of these rights.  This is a rather strange approach to be adopted by a State Agency, particularly having regard to the constitutional guarantees provided for the unborn in Article 40.3.3 of the Constitution.   This gave rise to subsidiary issues of constitutionality in respect of the Civil Liability Act and indeed issues under the European Convention of Human Rights (ECHR) and the compatibility of the Civil Liability Act with the Convention.  As the case was settled these issues did not have to be determined.

 

June 2011 – Record Structured Settlement Award following Acquired Brain Injury

In June 2011, Solicitors Ernest Cantillon and Susie Elliott represented a twenty two year old young lady, Patricia Ingle from Limerick who sustained a profound brain injury as a result of an infection, contracted during the course of her employment at a pet store, which was subsequently mismanaged by the Mid Western Regional Hospital, Dooradoyle, Limerick and the Health Service Executive.

The Multi-million Euro structured settlement award exceeded the highest ever such award in a High Court Personal Injuries Action.

The structured settlement agreement with the Health Service Executive, which was made a Rule of Court and is listed to go before the Court once again in July 2013, allowing for payment of costs arising in relation to Ms. Ingles’ life time care, aids, equipment, appliances, therapies, accommodation and loss of earnings.

Outside the Court, following the settlement, Ms. Ingle issued to the following statement:-

“I am so grateful for the legal assistance.  Only for it I would still be imprisoned in a hospital room through no fault of my own.  I would like to thank my family, my friends and all who have supported me throughout the last three years especially all at Ernest J. Cantillons firm of Solicitors, particularly Susie Elliott, for their work on my behalf.” 

 

June 2011 Symphysiotomy / Shoulder Dystocia Case Settles

In June 2011, Ernest J. Cantillon and Liz O’Brien of the Medical Negligence Group of Ernest J. Cantillon & Co. succeeded in settling a claim for a mother after seven days of hearing at the High Court in Dublin.  The firm represented a woman who gave birth in a Cork Maternity Hospital to her first born son in July 2006.   There were a number of features associated with the pregnancy and labour which indicated that shoulder dystocia was likely to occur.   Thus a caesarean section should have been considered and performed.  This did not occur. Instead the woman was allowed to continue in labour and the inevitable happened.  The baby got stuck in the birth canal.  An emergency arose when the baby’s head was delivered but the torso and particularly the shoulder became stuck in the birth canal.  It was necessary to perform a symphysiotomy to release the baby.  The baby was born with cerebral palsy and the mother suffered significant injuries. The mother’s claim settled for a significant six figure sum.  The child’s claim is pending.

 

National Maternity Hospital, Dublin, Admits Liability for Maternal Death

On the 3rd day of May 2011, Pat Daly of the Medical Negligence Group of Ernest J. Cantillon & Co concluded a High Court Action arising for the Plaintiff,  in the sum of €2.35 million, in a fatal claim arising out of the maternal death of his late wife (“the Deceased”) in 2004, immediately following the birth of her second child.  The Deceased was 35 years old when she died and was a Dentist by profession.

During the labour the Deceased developed a maternal pyrexia and at 17.15 hours she had a vaginal bleed because of same the mode of delivery should have been switched to emergency Caesarean Section or a forceps delivery and had that occurred the Deceased would have survived.

Instead the Deceased was allowed to labour on and whilst she delivered her son  there was then a difficulty in delivering the placenta and the decision was taken to perform a manual removal of the placenta (“MROP”) in theatre. However, there was a delay of 58 minutes between delivery and the Deceased’s arrival in theatre. Set against the background of maternal temperature, a vaginal bleed and a retained placenta the delay in taking the Deceased to theatre for the MROP was a significant breach of duty.

The medical staff were not successful in manually removing the placenta but discovered that the Deceased uterus had ruptured / perforated and decided to proceed to a laparotomy. On opening the Deceased’s abdomen there was 2-3 litres of blood noted in the abdominal cavity. The Deceased’s uterus had ruptured.

Thereafter, there was a catalogue of errors in respect of the Deceased’s management and her resuscitation in particular.  There was a delay in promptly replacing blood volume with blood products.  There was a failure to administer Fresh Frozen Plasma (“FFP”) and Cryoprecipitate.  This negligent treatment of the post partum haemorrhage caused the Deceased to develop fulmination pulmonary oedema and the Deceased effectively drowned and bled to death as a result of the Defendant’s negligence. 

The Trial was due to commence on the 3rd May, 2011 and an admission of liability was made on the 14th April, 2011 some six and a half years since the Deceased died. The matter then proceeded to an assessment of damages hearing and eventually was compromised by way of negotiated settlement which was approved by the Court on the 3rd May, 2011.

 

Chiropractor / Medical Doctor Settles Claim

In April 2011 Liz O’Brien and Ernest Cantillon of the firm’s Medical Negligence Group settled a claim for a significant sum.  Briefly the background is that the man attended a Chiropractor, (who was also a registered medical practitioner) for treatment.    The Chiropractor used excessive force with the consequence that he caused significant damage to the man’s back.

 

April 2010 - Susie Elliott addresses AVMA conference

In April 2010, Susie Elliott, Solicitor addressed more than 100 delegates at a conference organised by the charity, Action against Medical Accidents (AVMA) which campaigns for patient justice and safety. This conference was concerned with our campaign for openness and honesty on the part of healthcare practitioners, after the occurrence of an adverse incident. Other speakers included victims of medical negligence, Jim Reilly of Patient Focus, Hon Justice William McKechnie, Judge of the High Court, Dr Brian Farrell, Dublin City Coroner and Dr Alais Quinlan of the State Claims Agency. Susie subsequently appeared on TV3’s Ireland am in relation to these issues with her client, Clodagh Brett, whose daughter suffered severe brain damage as a result of medical negligence which was contested by the HSE for 5 ½ years before liability was ultimately admitted. To peruse this clip, click on http://www.tv3.ie/videos.php?video=21864

March 2011 - Injuries Board Award

Mary Scriven of the Litigation Department of Ernest J. Cantillon & Co. obtained an award from the Injuries Board for a sum of €10,000 for a lady who sustained injuries when her car was struck from behind at a roundabout in March 2011.  

 

March 2011 - Building Contractor Obtains Payment

Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a building contractor and secured the balance of the fees due under his contract in March 2011.

 

March 2011 - Woman Who Slips in Store Settles Case

Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a lady who fractured her right ankle when she slipped on wet tiles in a Cork City Store.  Cliona Kenny successfully settled the claim in March 2011.

 

March 2011 - Mother’s Birth Injury Case Settled

On the 1st March, 2011 Pat Daly of the Medical Negligence Group of Ernest J. Cantillon & Co concluded a High Court Action on behalf of a young mother who ruptured her bladder and uterus during the birth of her son at Waterford Regional Hospital in 2007

The Plaintiff had a past obstetric history of two previous pregnancies at Waterford Regional Hospital.  Her first child a daughter was born in 2002 by emergency Caesarean Section, for fetal distress, following 51 hours of labour, had a birth weight of 3955g (8.72lbs). The Plaintiff’s second pregnancy in 2006 resulted in a miscarriage at 12 weeks gestation.  At an antenatal appointment in 2007, when the Plaintiff she was 36+1 week, she explained to the medical staff that as her first labour had been so protracted and eventually culminated in an emergency Caesarean Section, she specifically requested that this time round, the  mode of delivery would be by way of an elective Caesarean Section.  However, the Consultant directed that the Plaintiff have a trial of labour (vaginal birth after caesarean (“VBAC”)) and he effectively dismissed the Plaintiff’s request for an elective Caesarean Section. Of significance, the Plaintiff attended an antenatal appointment in 2007 when she was term + 1 week and an ultrasound scan was performed. The scan indicated that the baby`s estimated weight was 9.4lbs (approx 4150g). According to our medical expert this estimate weight on its own, should have led to the mode of delivery being reconsidered.

The Plaintiff went into spontaneous labour in 2007 and she was admitted to hospital at 04:30 hours in active labour.  However, the labour was slow and then arrested (stopped) despite rupturing the Plaintiff’s membranes, (which would normally help to progress the labour). Syntocinon (a hormone used to induce/ enhance labour) was administered. Because of the previous Caesarean Section, there was a danger that the syntocinon could cause a rupture of the old Caesarean scar and should have been carefully titrated. However, despite the introduction of syntocinon, it failed to augment the labour. Instead of proceeding to Caesarean Section, the hospital staff negligently allowed the Plaintiff to continue to labour and significantly increased the dose of syntocinon.  At a review at 13.45 hours the findings were that the Plaintiff was not in an optimum state to deliver. Nonetheless, the Plaintiff was advised to start pushing.  This caused the rupture of the Plaintiff’s previous Caesarean Section scar and fetal collapse.  Despite the Plaintiff having an epidural top-up at 13.20 hours, the Plaintiff was severely distressed and reported upper abdominal pain.  In addition, the baby`s fetal heart rate dropped from 165 to 90 bpm. Despite CTG evidence that the baby was now in fetal collapse, the medical staff inexplicably and contrary to all recognised obstetric standards and practice, ordered that the syntocinon dose be increased. Instead of taking the Plaintiff immediately to theatre for an emergency Caesarean Section, there was a further 10 minutes delay whilst the medical staff attempted a virtually impossible forceps delivery.  Almost two hours following the onset of breakthrough pain, at 12.45 hours, the Plaintiff was eventually transferred at 14.25 hours, to the operating theatre for an emergency Caesarean Section.  At 14:39 hours the baby was born in a poor condition, he had to be resuscitated and was admitted to the Special Baby Care Unit (“SBCU”). The Plaintiff’s uterus and bladder were repaired during the surgery. 

The Defendants on the 20th July, 2010 in an open letter admitted liability and on the morning of the trial the 1st March, 2011 offered to settle the Plaintiff`s claim for a significant sum.

The Plaintiff’s baby was, sadly, also injured and has subsequently been diagnosed with asymmetric dystonic/dyskinetic cerebral palsy. Whilst he has profound physical disabilities and will never walk, fortunately he is intellectually intact.  Separate proceedings have been issued in the child’s name and will be heard in the near future.

 

March 2011 - GP Admits Wrong Injection Caused Death

On the 1st March, 2011 Pat Daly of the Medical Negligence Group of Ernest J. Cantillon & Co concluded a High Court Action on behalf of a 37 year old widow in a fatal claim arising out of medical negligence for the sum of €1million, plus an Apology from the Defendants for the tragic circumstances surrounding the death of her husband.

In August, 2004, the Plaintiff`s husband “the Deceased” developed diarrhoea and vomiting which continued throughout the next day. The Plaintiff contacted an out of hours emergency GP service who offered the Deceased an appointment to be seen by one of their Doctors at a local District Hospital at 22.00 hours.  On attending the District Hospital, the Deceased was diagnosed with the winter vomiting virus and, was administered Cyclomorph, 15 miligrams intramuscularly. On returning home, the Deceased went to bed.  Whilst the Deceased felt nauseous, he did not vomit again.  However, at 01.30 hours the Deceased got up to go to the bathroom and collapsed. The out of hours GP service was again contacted and a GP was sent to the deceased’s home.  The Doctor, who attended the Deceased, informed the Plaintiff that these symptoms were caused by a reaction to the previous injection and, that he would give the Deceased a further injection which would counter the previous injection and administered a drug called Largactil [an anti-psychotic which was totally inappropriate], 50 milligrams, intramuscularly.  At approximately 09.40 hours the Deceased went into cardiac arrest and was pronounced dead at approximately 10.45 hours.

The Deceased was only 31 years old when he died and he is survived by the Plaintiff and their two very young children, the eldest is now aged 9 years old but was only 2 ½ years old when his father died and the youngest who is now aged 6 years old but was only 6 days old when his father died.

 

February 2011 - HSE Settle Retained Swab Claim

On the 22nd February, 2011 Pat Daly of the Medical Negligence Group of Ernest J. Cantillon & Co succeeded in negotiating settlement of a case  where there was a retained swab (following an elective Caesarean Section) which caused tubal infertility.

In 2008 the Plaintiff`s daughter was delivered in good condition by way of an elective Caesarean Section. The intra-operative checklist recorded (incorrectly) that the swab count was correct.  Post operatively, the Plaintiff, despite having physical signs and symptoms, which should have alerted the medical staff that all was not well, the Plaintiff was discharged home.  Some days later the Plaintiff was re-admitted and underwent surgery to determine the cause of her illness.  At the surgery an abscess cavity was found, from which was drained 300mls of pus.  A 45cm x 45cm “sponge” was located and removed from the abdominal cavity.  The Plaintiff attended for almost 1 year at follow up outpatient attendances and had further investigations to include an MRI scan. However, the findings of the MRI scan which indicated that the Plaintiff`s fertility had probably been compromised was not communicated to the Plaintiff, instead she was told that it was told that it was in order to try to conceive.

It was not until the Plaintiff was examined by an independent medical expert (instructed by Ernest J. Cantillon & Co.) that she became aware that her fertility was compromised.  The expert recommended further investigations be performed. The Plaintiff then underwent a surgical procedure and was diagnosed as having tubal infertility. Accordingly, the Plaintiff spent almost 14 months trying to conceive when, there was, in reality, no prospects of conception during that period.  The Plaintiff believed that time was not on her side (she was in her mid 30s) and, was very angry that precious time was lost. The medical evidence was that although the Plaintiff had tubal infertility there was a prospect that she could conceive with IVF. Therefore, this was a case that warranted expedition as any delay would have impacted on the Plaintiff`s fertility. In fairness the Defendant`s solicitors recognised this and the case was compromised within six months of issuing proceedings.

 

February 2011 - Engineer Settles Claim

Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. represented a householder who had to sue his Engineer.  The brief circumstances were that the householder bought his house on the basis of a report that he obtained from his Engineer. The report indicated that the house was in good condition. It turned out that the house was structurally unsound and in fact had to be demolished.    Cliona Kenny, on behalf of the clients, sued the Engineer and obtained a very satisfactory settlement which provides for the cost of demolishing the house and re-building it, together with compensation for the upset and inconvenience and the legal costs.  This matter was compromised in February 2011.

 

February 2011 - Nightclub Staff Assault Customer

Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a customer of a night club who was assaulted at the entrance to a night club in Cork City by the security staff.  Cliona Kenny negotiated a settlement in February 2011 of the claim. 

 

January 2011 - Pheasant Beater Settles Claim

Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. acted on behalf of a pheasant beater who was injured during the course of a shoot.   The beater was sent out to raise the pheasants in very poor weather conditions.  Whilst walking in a wooded area, a tree was blown down by gale force winds and struck the pheasant beater with a consequence that he suffered a nasty injury.    Cliona Kenny was successfully able to argue that the pheasant beater should not have been sent out to work in those gale force conditions.  Her arguments were successful and the claim settled for a significant sum in January 2011.

 

January 2011 - Trainee Pharmacist

Cliona Kenny of the Litigation Department of Ernest J. Cantillon & Co. represented a trainee Pharmacist before the Pharmaceutical Society of Ireland in an enquiry before that Body.  The outcome was satisfactory.  The matter settled in January 2011

 

January 2011 - €4.5m award for teenage girl who sustained significant brain injuries at birth

In January 2011, Susie Elliott, Solicitor represented a 17 year old girl who sustained catastrophic brain injuries during the course of her mother’s labour and her subsequent delivery in May 1993 at the National Maternity Hospital in Dublin. This was a high risk pregnancy. The mismanagement of the medical staff who handled this unnecessarily prolonged labour and delivery resulted in the plaintiff sustaining a a hypoxic ischemic insult (oxygen deprivation injury) to the brain in the final hour leading up to her delivery. This injury would have been avoided if she had been delivered on a timely basis which, according to the experts retained, should have occurred in the face of ongoing complications and failure to progress. As a result of her injuries, this child has dystonic cerebral palsy. She is both physically and intellectually disabled. Having previously consulted with another firm of solicitors who advised that no liability attached to the hospital, contact was made with Ernest J Cantillon & Company in recent years who investigated the matter further and established liability for this child’s injuries. Proceedings issued and the case was fixed for hearing as and from the 11th January 2011 to run for six weeks. The case settled for the sum of €4.5m, without admission of liability, in the days preceding the hearing date. On the 11th January 2011, Mr Justice Quirke of the High Court approved the settlement and expressed the view that this young lady had been very well served by her legal team.  The settlement funds will be applied to the purchase of a suitably adapted home, together with the necessary therapies, aids and appliances to ensure this young lady can live as independently and comfortably as possible.

 

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!”

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.

 

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.

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 & Co. 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