Our People
About Michael
Over the past 35 years he has been a recognised leading practitioner in the specialised area of medical/clinical negligence. He has been involved in many hundreds of medical negligence actions including many of the leading cases including the 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 published an award winning book on medical negligence law (2nd edition to be published shortly). He has successfully concluded many complex cases including well over 100 birth injury, cerebral palsy and other catastrophic injury claims with multi-million pound/Euro awards for various infants and their families.
Cases of note
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Dunne (an infant) v The National Maternity Hospital (1990) ; The landmark case which established the legal principles for establishing Negligence on the part doctors and hospitals in the treatment and care of their patients. It was the first ever birth injury case ever successfully brought to trial. The so called “Dunne test” is still applied today in the Irish Courts on a daily basis.
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In 2008 Fitzpatrick -v- The National Maternity Hospital: A case which 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.
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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.
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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.
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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.
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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.
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Also in 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.
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In November 2019, after a six week Trial, in Bennett v Dept of Health and others he successfully settled a complex vaccine damage lead case claiming compensation for damage caused to the Plaintiff by the administration of Pandemrix Swine Flu vaccine and continues to work on scores of related similar cases.
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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.
- This year (2021) In Molloy v HSE achieved the highest ever lump sum award (€30 million) for an Irish birth injury case. Also in Doyle v St Vincent’s Hospital achieved a €10 million award for a 35 year woman who suffered brain damage as a consequence of a delay in diagnosis and treatment of herpes virus encephalitis.He continues to work on a myriad of other complex and varied clinical negligence cases .
Membership of organisations
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Member of the Litigation Committee of the Law Society of Ireland
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Lecturer in Medical Negligence at the Law Society of Ireland and UCD School of Medicine
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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.”
Judge Kearns,
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