Pandemrix - Narcolepsy Claims

• In October/November 2019, following a 6 week trial she successfully settled the lead complex vaccine damage case. Damages were claimed on behalf of the Plaintiff as a result of contracting Narcolepsy/ Cataplexy following administration of the Pandemrix Swine Flu vaccine. The following year a settlement scheme was put in place whereby a compensation scheme for MBLLF clients was put in situ. Since then, Gillian and her team are acting for 85 Pandemrix related clients. To date, over €29 million has been negotiated through mediations and the process is ongoing .

2020:-

Perie v The HSE

• €1.5 million damages for settlement for a dependency claim for the family of a young pregnant mother remaining on life support as a result of the implications of the 8th Amendment and Right to Life of the unborn. The action itself arose as a result of poor care whilst Natasha Perie was a patient at Mullingar Regional Hospital. The case settled after a protracted trial. The Defendants, the HSE admitted liability. Settlement followed also by 7 nervous shock claims ranging up to €150,000 each in damages.

XL v Wilson and Bon Secours Hospital

• Settlement of claim arising from an adverse outcome following laryngeal surgery. The allegation was that the Plaintiff suffered a severe adverse outcome whereby nodules were removed and an inordinate amount of laryngeal tissue resulting in serious complications for the Plaintiff.

  Settlement was confidential

2022:-

X-v-X, 

Claimed that the Defendants were negligent and in breach of duty in failing to correctly interpret, diagnose and report on the specimen taken in 2018 after the Plaintiff had a lesion removed. Alleged that because excised lesion was wrongly identified as benign the melanoma was not diagnosed for over two years. “The Plaintiff was discharged without the appropriate follow-up,”

The Plaintiff subsequently developed a lump on the neck. A further biopsy was carried out and it was found to be metastatic malignant melanoma. A scan later confirmed the skin cancer

Liability admitted, proceedings issued, fast tracked by the court,  judicial case management and mediated settlement in July 2022.

Cauda Equina Injury - Damages of €3.5 million for Cauda Equina Injury 

Essence of the Plaintiff’s case was that the Defendants were negligent in respect of 2 attendances at the A & E . The Plaintiff was at the A & E for 17 hours and no attempt to act upon the emerging “red flag” signs or the  suspected diagnosis of CES made by the GP who had examined the Plaintiff.

An urgent MRI scan should have been performed  upon first arrival and would have diagnosed evolving CES.  Instead, after 17 hours, the Plaintiff was discharged to routine care to be given an OPD appointment and routine outpatients MRI scan.

The Plaintiff reattended days later and there was a further delay of 12 hours in performing an MRI scan and surgery  and a further opportunity lost to urgently decompress the Plaintiff’s spine.

H McG v St Vincent’s University and Others

• Lump sum award for widow of hospital consultant who died. It was alleged that the Defendants failed to act expeditiously in response to adverse ischemic changes on electrocardiogram monitoring. Further, it was alleged that there was a failure to expedite the Plaintiff’s treatment and transfer to a percutaneous cardiac intervention centre, resulting in his death.

  Settlement was confidential.

Cerebral Palsy

• Conroy –v– Rotunda Hospital (2009). Lump sum damages award of €5,250,000 plus costs were recovered as a result of alleged negligent mismanagement of a an acute obstetric emergency (placental abruption).

• Sheehan –v– Dr David Corr (2016). Again, in the area of Cerebral palsy arising from an Obstetricians failure to diagnose rhesus incompatibility disease (involving anti-E antibodies) during pregnancy. in 2011, a two year interim award of €1.9million was made. In 2014, after an 8 day Trial, further interim award for two years in the sum of €635,000 plus costs was made. Finally, in 2016, the case was settled for a further lump sum damages of €11.1m. Thus the total damages paid came to over €15.6 million.

• Cian Brady –v– Rotunda Hospital (2011). Cerebral Palsy arising from negligent mis-management of a neonatal infant with symptomatic hypoglycaemia/hypothermia and not properly diagnosed. Infant suffered serious brain damage. Award of €5.5 million plus costs.

• Jarrah Folkman v HSE October 2018. An award of €9.1 million damages for Jarrah Folkman against the HSE. Jarrah developed cerebral palsy arising from the negligent treatment at birth by the Defendants in failing to adequately interpret a CTG trace and ominous indicators on the traces which were not acted upon. Jarrah went on to develop cerebral palsy.

Oncology

• Malone –v– Our Lady’s Hospital For Sick Children and Others (2009). Complex action concerning acquired neurological injury of an infant resulting from the excessive use of chemotherapy in treating childhood leukemia with an award of €2.7 million and costs.

• B –v– Nicholas Jermyn (2008). Proceedings were initiated on behalf of the Plaintiff for failure to diagnose breast cancer, resulting in mastectomy and removal of spleen. The case settled 2 months before Trial for the sum of €400,000.00 plus costs.

• F –v– Health Service Executive (2010). Failure to diagnose breast cancer resulting in mastectomy, depressed immune system and serious infection, causing malignant otitis externa and osteomyelitis with an award of €750,000 and costs.

• X v HSE. January 2019. Failure to diagnose pancreatic cancer in man in his mid-thirties. Settlement confidential.

Acquired Brain Injury

• Lennon –v– Health Service Executive. Interim award in February 2011 was €2.4 million and costs. April 2013, further interim award for one year only €310,000 plus costs. June 2014 – Third interim award for three years –€895,000 plus costs. July 2017, Plaintiff Receives 4th Interim Award Of €1.6 million. Total interim damages recovered to date amount €5.2 million.

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