I recently settled a medical negligence claim for a client which was one of the most difficult that I have prosecuted in my career. It involved two High Court cases arising from an anastomotic leak which was missed clinically and radiologically with devastating consequences for our client.&nbs...
The Minister for Health Stephen Donnelly is to commission an Inquiry into the historical licensing and use of the anti-epileptic drug (AED) - Epilim.
Cantillons Solicitors represent a number of families affected by Foetal Anti-Convulsant Syndrome (FACS). FACS is an umbrella term for conditi...
The Report published on the 19th August last noted that as of 27th June 2020, there were 252 clusters of COVID-19 in nursing homes and of those COVID-19 cases in nursing homes 422 were hospitalised. Sadly, there were 971 deaths related to COVID-19 in nursing homes which represented 56% of all ...
Cumberlege Review
Today’s publication of the independent Cumberlege Review report which was set up to look into the use of primodos (known as the forgotten thalidomide), sodium valproate and mesh has found that the UK healthcare system (including the NHS, private providers, regulators, prof...
On the 19th March 2020, the Supreme Court dismissed most of the appeals by the Health Service Executive (HSE) and two laboratories, Quest Diagnostics Incorporated and Medlab Pathology Limited against a High Court judgment in favour of Ruth Morrissey and her husband Paul Morrissey aris...
Once again, the lack of legislative safeguards in place for medical devices (as opposed to medicines) here in Ireland is brought into focus by the publication of an “urgent” Field Safety Notice Field Safety Notice Field Safety Notice by manufacturers NuVasive dated the 13th February...
“I am happy that I can walk, talk, eat, sleep, dance”.
What a great philosophy in life and as said by my 7 year old client, Iarlaith O’Cinnéide, to reporters following the conclusion of his court case on the 6th December 2019. On that date, Mr. Jus...
There appears to be a concerted effort on behalf of the insurance industry to create the impression that we in Ireland have a ‘compo culture’. However, this debate is not a new debate, nor, is it peculiar to Ireland. I previously practiced in the UK and the insurance industry there...
It has been reported by Paul Mulholland in The Medical Independent that a HSE internal document, Risk Status on Medical Equipment August 2019, has highlighted the problem of outdated radiological machines ‘failing’ during clinical procedures.
Over a two-year period, 86% of the m...
The Civil Liability (Amendment) Act 2017 came into effect in October 2018, marking the formal introduction of the much anticipated Periodic Payment Order (PPO) in Ireland. Many of our clients have been in and out of Court settling for interim payments pending the introduction of the PPO. ...
Gilenya (fingolimod) is a medication used and licensed to treat adults and children over the age of 10 years with multiple sclerosis (MS). It is manufactured by Novartis and available in Ireland when prescribed by a Consultant Neurologist.
It belongs to a class of medication known as ...
The devastating and potentially life-long consequence of sustaining a childbirth tear is not a topic of conversation most women wish to speak about. Symptoms that clients have reported to us include urinary and fecal incontinence, bladder and bowel prolapse, difficulty going to the toilet, vag...
As a Solicitor who has specialised in medical negligence cases for almost 30 years, I am calling for the farcical practice of settling cases “without admission of liability” to be bought to an end. I think this practice is insulting to the Plaintiff who has had to bring the proceed...
Open disclosure has been mentioned frequently in the media in recent times and especially following the Cervical Check Scandal last year.
In reality, open disclosure should be nothing new. It is simply the concept that if someone makes a mistake or something unplanned happens then that pers...
The lack of legislative safeguards in place for medical devices (as opposed to medicines) here in Ireland is again brought into focus by the recent recall of DePuy Spinal Implants in the UK by the Medicines and Healthcare products Regulatory Agency (MHRA).
https://www.univadis.co.uk/viewarticle/d...
We at Cantillons have had some queries as of late in relation to pharmaceutical errors. These errors include incorrect dosage advice, incorrect labelling on medication, failing to advise the patient on dosage upon dispensing the medication, the dispensing of the incorrect medication etc. These error...
In recent times, there has been a huge surge in people opting for Dermal Fillers (‘Fillers’) in the pursuit of looking better and younger. Fillers (for those who are unaware) add volume to the skin through injections; smoothing out wrinkles in the face and neck or plumping ones lips.
...
In December 2018, Allergan’s textured breast implants were recalled in Europe due to them being linked to a rare form of cancer called Breast Implant Associated-Anaplastic Large Cell Lymphoma (BIA-ALCL).
On the 8th February 2019, after two days of public hearings investigating the saf...
It was with great sadness that I read of the death of Adrienne Cullen who died on New Year’s Eve. It is poignant indeed that she died on the last day of the year that brought “open disclosure” into the public domain on foot of the Cervical Check debacle.
If you haven’t alr...
The results of an international investigation, entitled the ‘Implant Files’, led by the International Consortium of Investigative Journalists (ICIJ) comprising of 58 media organisations around the world including The Irish Times, looked into the dangers of medical devices, that have been...
According to recent media reports the HSE has started writing to patients who were not told they had come into contact with the superbug Carbapenemase Producing Enterobacteriaceae (CPE) and that the HSE says those affected may be ‘upset and disappointed’ over the delay in informing them....
INTRODUCTION
Problems with trans vaginal mesh medical device products, also known as pelvic mesh, mid-urethral slings or bladder sling, which are used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) caused by childbirth or the menopause, have been highlighted in the med...
We were all greeted on Sunday morning, 07 October 2018 with the sad news of the untimely needless death of Emma Mhic Mhathuna, a courageous Mother who left the world and her five children behind her at the young age of 37.
Emma has clearly left behind a personal and private legacy t...
As a woman who has participated in the CervicalCheck programme and as a mother of two teenage daughters, I was shocked by Dr. Scally’s report. As a medical negligence lawyer, I was not.
For anyone who has not yet read the report, I recommend you do. It is a well written, no punc...
Over two months has now passed since the remarkable Vicky Phelan settled her claim in the High Court against a US laboratory, Clinical Pathology Laboratories Inc. Two months on, we should now have to hand the results of a Scoping Inquiry headed by Dr. Gabriel Scally (set up on the 8th May 2018).&nbs...
I read with dismay reports of the 49 children who were failed by substandard audiology services in the Sligo and Roscommon area. This is yet another example of the HSE failing its patients.
We already know that we have a health service with a number of inadequacies, including:
A&E...
Karen Kearney on Today FM’s The Matt Cooper Show regarding Breast Check and the recent scaremongering by Professor Ann O’Doherty,National Clinical Director of the Breast Check programme and Professor Arnie Hill, Surgical Adviser to the National Control Programme, designed to deflect from...
Introduction
Studies have emerged which show that babies born to mothers who take valproate-containing medicines (licensed as Epilim) during pregnancy have a 30%-40% risk of developmental disability and a 10% risk of birth defects (broadly known as Fetal Anti-Convulsant Syndrome). Fetal Anti-...
Irish Examiner Friday 4th May 2018
See link to article which featured in the Irish Examiner by Ernest J. Cantillon, Managing Partner at Cantillons Solicitors, following on from the Cervical Cancer Scandal.
Click here to read article
...
I watched Ray Darcy’s interview with Vicky Phelan last Saturday night and I am in awe of her. She (deservedly) got a standing ovation from the audience. For anyone who has not watched the interview, I would urge you to do so.
Many commentators have lavished praise (and rightly so) on Ms. Ph...
The latest cancer misdiagnosis case involving the inspirational Alison McCormack made for very sad viewing on the RTE Prime Time Investigates programme recently.
For those of you who might have missed it, Alison was diagnosed with DCIS (Ductal Carcinoma In Situ), a localised form of breast cancer...
The news that University Hospital Kerry is reviewing some 46,000 Radiological Images related to more than 26,000 patients has understandably sparked huge concern amongst patients and their families. The images include X-rays, CAT scans and ultrasounds carried out between March 2016...
We have had a number of enquiries from people in relation to injuries/deaths arising out of infection. On investigating these cases, we have discovered that if an infection is not treated promptly, it can cause an inflammatory response which is known as sepsis. The treatment of this condition is ver...
Exaggerated or fraudulent claims by Plaintiffs are abhorrent. They are dishonest and they are illegal. They do not benefit the legal system the public who pay expensive insurance premiums. Thankfully they are in the minority.
Solicitors take detailed instructions from clients, carry o...
The HSE published its long awaited report entitled The HSE Maternity Clinical Complaints Review on Tuesday the 23rd May 2017.
Frankly, I have lost track of the number of reports that have come into being since Primetime Investigates first reported on the tragic deaths of a number of babies in the...
There has been a lot of controversy about the location for the National Maternity Hospital over the last few weeks. As a Solicitor who specialises in medical negligence cases, I would urge the various stakeholders to grapple with this thorny issue once and for all so that the women of Ireland ...
Problems caused by vaginal mesh implants, which have left thousands of women worldwide in severe pain and some permanently disabled, have been recently highlighted in the media and have been the subject of numerous calls to our medical negligence team at our office in Cork, by affected parties.
T...
There has been a lot of talk about this topic in the recent weeks. Indeed, I was invited on to talk about this topic on Today with Sean O’Rourke on the 05th April 2017. So too was Kevin Thompson, Chief Executive of Insurance Ireland and Charlie Weston, Personal Finance Editor with the Irish In...
I think that it is almost universally accepted by all that if you had a wrong committed, that the person wronged should be appropriately compensated. In this context, if one is injured as a consequence of medical negligence, all right thinking people believe that the wrongdoer (Doctor) should comp...
It is disappointing news (in my view) that the Minister for Health, Simon Harris, plans to introduce a voluntary Open Disclosure Scheme which will give medical professionals legal protection for any information given following a patient safety incident.
Minister Harris has been reported as saying...
In October, 2015 the US Food and Drug Authority (FDA) issued a circular about the potential risk to patients who had undergone open heart surgery within the last 5 years where a “Sorin” heater-cooler device was used during the surgery. This circular suggests that the heater-cooler device...
I wrote back in March 2016 on cancer misdiagnosis in Wexford General Hospital. (The blog is on our website for those who have not read it and wish to do so).
At the time, there had been newspaper reports on a leaked review of twelve cases of bowel cancer “missed” at Wexford General Ho...
The first judgment from the Irish Courts against the hip implant manufacturer DePuy International was handed down in November 2016 by Mr Justice Kevin Cross.
This was the first case to run the full duration and the victim, Mrs Gillian O Sullivan was awarded a sum of €704,000 by the High Cour...
Week in and week out at Cantillons we are contacted by distressed clients with a concern that either they or their loved ones have been mistreated in our Hospitals. In addition, the national media reports error after error. Public confidence in our health service is at an all-time low and morale wit...
I read, with sadness, the reports of an increase in the amounts being paid out by the State Claims Agency in respect of medical negligence claims. I noticed the various statistics and figures that were furnished. I also note, with some alarm and concern, the absence of any ref...
There are a number of reforms on the horizon which may make it easier for victims of medical negligence to get justice.
1. Pre-action protocol:
There are about to be changes to the Superior Court Rules which may see an end to the inordinate delays which occur in medical negligence c...
I listened with sadness (and a distinct sense of déjà vu) to Ronan Dunnes’ statement yesterday outside the High Court in Dublin. Ronan Dunne is the father of Eoghan Dunne who received an award of €2.4 million in damages following failures of care at Portiuncula Hospital...
Difficulties with Metal on Metal (MoM) hip devices have been highlighted in the media by the worldwide recall of the DePuy ASR in August 2010 and the discontinuance of the DePuy Pinnacle from mid-2013.
MoM hip prostheses were first developed by Peter Ring & Mckee-Farrar in 1961. T...
Karen Kearney Solicitor at Cantillons’ response to the Irish Medical Organisation’s call for the establishment of a Task Force for reform of the Medical Negligence system.
"I have had the privilege of representing many patients who have been the victims of medical negligenc...
I read with a sense of déjà vu the recent newspaper reports on the leaked review of 12 cases of bowel cancer “missed” at Wexford General Hospital. Sadly, one of these 12 patients has since died of this illness.
These 12 patients were identified from a recall ...
There has been a marked increase in recent years in the number of dental negligence claims both in Ireland and abroad. This increase can be attributed to a growth in procedures generally available as well as in cosmetic dentistry conducted both in Ireland and overseas.
...
If you had a medical/surgical procedure and you suffered an injury, the risk of which you were not told about when you consented to the procedure, your chances of succeeding in a legal case have now improved following a UK landmark decision in March 2015 in the case of Montgomery v Lanarkshire Healt...
On the 5th November 2015, the Court of Appeal handed down its Decision in the case of Gill Russell –v- HSE. The Medical Negligence Team at Cantillons had represented Gill Russell in the High Court, where he got a significant award. In the High Court, Mr. Justice Kevin Cross made pr...
The medical negligence team here in Cantillons Solicitors have just finished prosecuting a medical negligence case in the High Court, Dublin. It ran for just under two weeks. There were two claims in fact. One for a first time mother for damages for physical and psychological injuries arising ...
The use of the medication Oyxtocin (brand name Syntocinon) to augment labour is fraught with risks. It is well-documented that inappropriate use can cause death or disability. In Ireland, it is listed as a high 1 of 10 high alert medications. Thus it should seem obvious that an app...
There is something very special about case managers. This is particularly so in the context of a catastrophic injury case following an award of damages in High Court personal injury litigation. A good case manager will transform an award of damages into a meaningful and fulfilled future for a ...
On taking instructions recently from a new Client, he raised a dilemma that I frequently encounter when taking instructions from new Clients. This particular Client had an orthopaedic procedure performed privately under the care of an Orthopaedic Surgeon. However, the day after his surgery, he becam...
At present medical negligence cases are managed by the Court in the same manner as other Personal Injury cases*. However, in 2010 the High Court Working Group on Medical Negligence and Periodic Payments proposed the introduction of pre-action protocols and case management, simila...
The death of a loved one is always difficult and distressing and this can be amplified when the death is sudden and the cause of death is unclear. There are a number of practicalities to be dealt with and in some circumstances, you may be contacted by the Coroner’s office and infor...
Having initially been triaged by my general practitioner, with a stomach condition, I would see a gastroenterologist. In pregnancy, I would be referred to an obstetrician. If I had a knee injury, I would consult with an orthopaedic surgeon (preferably, one who sub-specialises in the treatment of kne...
There has been an increase in recent years in the numbers of Dental Negligence cases which is probably attributable to a number of factors including the growth in general orthodontic procedures as well as elective cosmetic dentistry (e.g. teeth whitening) being conducted in Ireland.
Dentists are ...
As a medical lawyer with Cantillons Solicitors, I work exclusively in the area of medical negligence claims. This blog discusses why we will always take on the best experts when involved in medical negligence litigation, a complex yet intriguing and rewarding journey which I embark upon daily, ...
Recent defective medical product controversies regarding the DePuy hip replacement recall in 2010 and the French PIP silicone breast implants in 2011 along with increased instances of medical product recall has brought to the fore the interaction between Product Liability and Medical Negligence liti...
As a medical lawyer with Cantillons Solicitors, I work exclusively in the area of medical negligence claims. This blog will take you through the life cycle of a medical negligence investigation, a complex yet intriguing and rewarding journey which I embark upon daily, in serving the needs of my clie...
Cantillons Solicitors is OPEN. We are meeting new and existing clients at our office at 39 South Mall, Cork. We have taken the necessary precautions within our office to ensure the safety and wellbeing of all those who attend at our office. For those not in a position to attend in person at our office, we can facilitate online meetings (via Zoom and Skype). Please feel free to call us on +353 21 4275673 or email us on [email protected].
