Settlement of €215,000 for mistreatment of shoulder injury.
During the COVID-19 pandemic and the ongoing restrictions, the firm has been fortunate to have been able to continue to resolve cases successfully on behalf of clients, given the strength of our IT and communications systems and the forward planning and readiness of the cases involved.
One such example involved a gentleman who had injured his shoulder following a fall. The Plaintiff on whose behalf we acted had following the fall attended with his G.P. and was subsequently referred for MRI. The MRI indicated a full thickness tear of the subscapularis tendon and this was reported upon by the Consultant Radiologist. However, when the Plaintiff came before the treating Orthopaedic Surgeon, the Orthopaedic Surgeon overlooked the opinion of the Consulting Radiologist and proceeded on the basis that there were simple degenerative changes. The Plaintiff underwent unnecessary surgery and understandably there was no improvement thereafter and the treating Orthopaedic Surgeon in fact suggested a further surgery which again was unsuccessful. At this juncture, the Plaintiff sought a second opinion from another Consultant Orthopaedic surgeon who noted that there was a full thickness tear of the subscapularis tendon but unfortunately given the level of inflammation and scarring caused by the original two surgeries, he was unable to undertake a repair at that time. As a result, the Plaintiff experiences ongoing pain and reduced functionality. Expert reports were commissioned and the full effect of the injury on the Plaintiff was quantified by occupational therapists, physiotherapists, his G.P. and an independent orthopaedic surgeon. The case was successfully settled for the sum of €215,000 in April 2020 to the satisfaction of the Plaintiff.