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September 2019
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The High Court awarded €30,000 in general damages for injuries sustained by a cyclist as the result of a road traffic accident involving a taxi, while rejecting a majority of the cyclist’s claim for special damages.
The personal injury claim was brought by a bicycle courier against a taxi driver for damages arising as a result of the accident at Custom House Quay, Dublin in March 2015, which the court held was caused by the taxi driver’s negligence. Read More Source: www.irishlegal.com
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A woman was allegedly put on chemotherapy treatment for cancer by a nurse despite her insistence she should be seen by a doctor first, the High Court heard.
Pauline Carroll (65) is now in a permanent vegetative state after suffering a heart attack following the chemotherapy session which should not have gone ahead, it was claimed. Yesterday she secured €975,000 in settlement of her action for damages against the HSE over the treatment at Midlands Regional Hospital, Tullamore, Co Offaly, in 2010. The HSE will also provide an indemnity for as long as she lives for her care in a nursing home as part of the settlement. Read More
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A hero detective Garda, who thought he would die when he was viciously attacked by two pitbull terriers, has been awarded €207,000 damages against the State in the High Court.
Mr Justice Bernard Barton said in a reserved judgement that he was satisfied that Det Garda John Leahy (52) suffered an exacerbation of a degenerative condition in his back and left hip which required surgery. The State had accepted the incident may have exacerbated Det Garda Leahy's back condition, but had denied it was sufficient to result in surgery. Det Garda Leahy, a recipient of a Scott Medal for bravery after he saved a man from a fire, told a Garda Compensation hearing how, in June 2008, he was a member of the Divisional Drug Unit in Galway and was patrolling with Garda Orla Keenan when they noticed two known drug users around Wolfe Tone Bridge. Read More
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A man has been awarded €453,000 in damages after a digger ran over his foot in a quarry in Co. Donegal in June 2003, ultimately leaving him without most of it.
Mr David McLaughlin had initially brought an action against Damien McDaid, Michael McDaid, Charles McDaid and McDaid quarry in January 2004. However, those proceedings were discontinued, and the current proceedings commenced on 30 April 2004. Significant controversy surrounded the alleged incident, with disputes centring around the plaintiff’s entitlement to be on the premises, and... Read More
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![]() John M Joy and Company have many years of experience in dealing with and representing clients in High Court Litigation Personal Injury cases. This normally involves accidents, very often accidents at work, road traffic and other incidents. John M Joy and Company recognise that medical practitioners act in the best interests of their patients and provide an excellent service in normal circumstances. There are occasions however where medical personnel may be held guilt of negligence if the fail to act in accordance with the standards reasonably expected of them. The consequences of medical negligence can be catastrophic. It is particularly important that clients are properly represented in cases involving maternity and obstetrics. A mistake in this field can result in lifelong consequences for mother and child. We have a team available to assess each individual case on its merits. No Proceedings will issues unless we have an opinion from a specialised Senior Counsel to the effect that negligence exists. We do not involve in speculative Litigation in medical negligence cases. In certain cases we are prepared to assist financially in progressing cases on the understanding that: 1. They will be successful. 2. Monies expended for expert or other witnesses will be refunded at the conclusion of the case Significant substantial damages have been awarded to successful Plaintiff’s. In August, 2010 Du Puy a US Conglomerate owned by Johnson and Johnson “recalled” some of its medical products. The recall included the Fu Puy ASR XL Ashtabula System and type of artificial human hip. These hips were fitted to consumers in the course of major surgery in hospital. Many of the hips were failing early and the patients were undergoing early, avoidable, difficult and dangerous revision surgery involving pain and suffering from the failed hips and the surgery. Often the physical failure of the hip is itself preceded by the release of chromium and cobalt ions into the patient’s bloodstream, these come from the abrasion of one part of the hip on another, wearing down the metal surfaces and releasing them into the patient’s body causing as yet unproven side effects. There have been many legal claims for compensation and costs against the Du Puy Conglomerate including in Ireland. In the US many of the claims were consolidated and the Plaintiffs lawyers and the Defendants lawyers settled the cases for substantial damages. Provision has been made for the cases by Du Puy (reported to be billions of Dollars). WHAT DO I DO? It is important to note that there is a time limit on instituting Proceedings in cases like this. It is imperative that you consult with your Solicitor so that Proceedings can be taken immediately. Du Puy have nominated Solicitors in Ireland to accept service of Proceedings and they have made provision for compensation for Plaintiffs who successfully claim against Du Puy or whom they agree to compensate. It is reasonable to presume that Du Puy will settle such claims in Ireland. The settlements in the US were valued in Billions of Dollars. John M Joy and Company have a team of Medical Experts and Professionals who are prepared to assess claims involving, Du Puy, Childbirth, Obstetrics or indeed general medical negligence. We also have a team of highly qualified and specialist Senior Counsel who will advise on each individual case prior to the institution of Proceedings. Contact John M Joy and Company Solicitors should you require any advice on the above. The information in this email transmission is confidential and may be privileged. It is intended only for the addressee(s) stated above. If you are not an addressee, any use, dissemination, distribution, publication or copying of the information contained in this email is strictly prohibited. It is your responsibility to scan this email and attachments for any viruses. If you have received this email in error, please immediately notify us by telephone at 052 6123338 or email info@johnmjoy.com and delete the email from your system. Thank You! |