Accident Injury: Acquired Brain Injury
Settled By: Kieran Cleary, Solicitor
Court : High Court
Sum : 2.68 million
Case Summary
Our client Tom who was working for a manufacturing company was struck to the left side of the head with a square wooden post. He suffered serious injuries and was taken to the local hospital and thereafter diagnosed with an acquired brain injury.
He had a range of symptoms from consistent headaches, to cognitive impairment to balance issues. Much rehabilitation was needed regarding processing, concentration, memory issues and a full multi-disciplinary team from an acquired brain injury team was needed. There were life consequences for our client in terms of general wellbeing, maintaining hobbies etc also. The suffering in our view was profound.
The employer denied all liability for the matter.
In our view there were considerable failures regarding the system of work, proactive application of safety systems being maintained in the workplace with regarding to protective equipment, adequate risk assessments, proper training and various breaches of the Safety Health & Welfare at Work Act, 2005 and Safety, Health & Welfare at Work (General Application) Regulations 2007 and indeed the European Community’s Machinery Regulations 2008 and the Occupiers Liability Act.
An added complication in this case was the company was a European company, based in the Netherlands. This mean’t company searches needed to be conducted in that country, dealing with their EU insurer during the case, and a separate legal procedure must be conducted with serving a summons out of jurisdiction. They eventually nominated solicitors here to deal with it.
It was a contentious case and the case was prepared for court and a hearing. A considerable number of experts were needed for the medical side of it and future care costs, all financial losses etc. needed to be analysed by independent experts and presented to the court.
Ultimately the case settled after negotiations. The client was not satisfied it took so long to get an acknowledgement of the wrong from the defendant. The medical challenges our client will have to face will not all disappear after the outcome of this case but he was thankful for the financial relief the outcome of the case provided for his present and future life for himself and his family.
Disclaimer : Client Name has been changed for GDPR.
