Over the past 35 years he has specialised in the area of medical negligence and has been involved in many hundreds of medical negligence actions including many of the leading Irish medical negligence cases including the leading landmark case of Dunne v. National Maternity Hospital (where he acted for the Plaintiff). He has lectured extensively and has written numerous articles and book chapters. In addition, he has recently published a book on medical negligence law. He has successfully concluded many complex cases including approximately 90 birth injury, cerebral palsy and other catastrophic injury claims with multi-million pound/Euro awards for various infants and their families.
Cases of note
Fitzpatrick -v- The National Maternity Hospital: In the year 2008 he was involved in the lengthiest ever birth injury cerebral palsy action with the Trial lasting 55 days, which was ultimately successful with a multi million euro award in favour of the infant Plaintiff.
In the years 2010-2011: He was involved in the successful trial and settlement of 6 cerebral palsy actions, a case for a catastrophically brain damaged woman arising from a ruptured aneurism and numerous other complex clinical negligence cases such as delay in diagnosis of cancer, poorly performed/delayed colorectal surgery, delay and failure to diagnose third degree tear and vaginal stula, failure to treat Crohn’s Disease and poorly performed cosmetic surgery.
In 2012 Cian Brady –v- Rotunda Hospital: The Plaintiff sued for the negligent neonatal management of her baby who developed symptomatic hypoglycaemia. After 14 days at Trial the action settled for €5.5 million plus costs.
In 2013 Eoin Dunne -v- The Coombe Hospital A 10 year old boy with severe dyskinetic cerebral palsy who was deprived of oxygen following birth as a consequence of a negligent delay in the arrival of the paediatric staff to perform resuscitation. Liability was strongly disputed. Ultimately, Judgment was given in favour of the Plaintiff. Subsequently, interim damages were agreed to compensate the Plaintiff for a two year period followed ultimately by a final lump sum award of damages in excess of 15 million euro.
In the years 2014 to 2018 Michael has been involved in approximately 30 other catastrophic injury cases which have settled with multi-million Euro interim awards of damages made and many of these cases adjourned in anticipation of the enactment of Government legislation to permit Periodic Payment Orders.
In 2019 dealt with the first ever award of damages by way of periodic payment order (PPO) under the new regime for awarding damages by way of annual index linked payments for catastrophically injured plaintiff.
Also this year, in Gillick (an infant) -v- Temple Street Hospital acted for the Plaintiff and achieved the highest ever award of lump sum damages (€32.4 million) for a catastrophically injured child injured as a result of failure to treat a shunt infection/hydrocephalus.
Dealt with several other complex high value cases and awards covering a variety of other types of medical accident such as ophthalmic injuries, birth injury cases, delay in diagnosis of cancer.
Membership of organisations
Member of the Litigation Committee of the Law Society of Ireland
Lecturer in Medical Negligence at the Law Society of Ireland and UCD School of Medicine
Member of the President of the High Court’s working party on periodic payments and medical negligence reform
“His reputation for fearlessly advancing his cases is well known and well founded.”
Former President of High Court
“A pre Eminent figure in plaintiff medical negligence offering clients a huge background of experience in handling complex and challenging medical claims.”
Chambers Europe Lawyers Guide
“He has become the foremost practitioner of his generation in this difficult and complex branch of the law.”
Mckechnie J, Supreme Court Judge