Archive for November, 2011

Compensation for Work Back Injury

Posted on: November 26th, 2011

A former Ryanair baggage handler has been awarded £37,000 compensation for a work back injury.  Damian Warcaba was injured in an accident at on July 17th, 2007, while moving aircraft stairs unassisted.  Mr Warcaba was taken to to hospital and was out of work for two months.

The normal operating protocol requires two people to manoeuvre aircraft stairs manually for about three metres to rest against an aircraft. Ryanair argued the case, saying that it had given standard training to employees and regretted that the standard operating procedures where not adhered to in practice. Ryanair made the point that Mr Warcarba had not adhered to the standard operating procedures and was therefore solely responsible for his work back injury.

Mr Justice Peter Charleton ruled that Ryanair did not supply adequate workers to ensure the correct operating procedures were followed.

Baggage Handler Wins Work Back Injury Compensation Award

Posted on: November 24th, 2011

A former Ryanair baggage handler has been awarded €45,000 in damages for a work back injury.  Damian Warcaba was injured in an incident at Dublin Airport on July 17th, 2007, while moving aircraft stairs unassisted.  Mr Warcaba was taken to to Beaumont Hospital and was out of work for two months.

The normal operating procedure requires two people to manoeuvre aircraft stairs manually for about three metres to rest against an aircraft. Ryanair argued the case, saying that it provided standard training to employees and regretted that the standard operating procedures where not adhered to in practice. Ryanair made the point that Mr Warcarba had breached the standard operating procedures and was therefore solely responsible for his work back injury.

Mr Justice Peter Charleton ruled in the High Court that Ryanair did not provide adequate workers to ensure the correct operating procedures were followed.

Paranoid Personality Disorder Man Awarded 17,300 Pounds at Clinical Malpractice Hearing

Posted on: November 24th, 2011

A Devon man has been awarded a total of 17,300 Pounds in medical malpractice compensation after the unauthorised access of his medical records resulted in the exacerbation of his paranoid personality disorder.

Judge Cotter QC heard how the medical records of Sean Robert Grinyer of Plymouth, Devon, had been access and disclosed by Mr Grinyer´s ex-partner who was, at the time of the offence in December 2007, employed at the hospital as a nurse.

This unauthorised access and disclosure was claimed by Mr Grinyer’s legal team to be in breach of S.13 of the Data Protection Act 1988 and the action by the claimant’s partner, plus an alleged mis-handling of his subsequent complaint, had caused Mr Grinyer’s pre-existing paranoid personality disorder to worsen. It was also alleged in the action against Plymouth Hospital NHS Trust that the deterioration in his condition had also caused Mr Grinyer to reject an offer of temporary employment.

After hearing expert medical opinion in relation to Mr Grinyer´s paranoid personality disorder, Judge Cotter QC ruled that the exacerbation of his condition did indeed constitute an injury and was due to negligence on behalf of the Plymouth Hospital NHS Trust. The judge awarded Mr Grinyer 12,500 Pounds in medical malpractice compensation for the injuries he had sustained plus a further 4,800 Pounds for loss of earnings when unable to accept the offer of employment.

Medical Negligence Claim Settled for Misdiagnosed Spinal Injury

Posted on: November 10th, 2011

A 25 year old man, whose schoolboy spinal injury was overlooked eleven years ago – leading to years of pain and difficulty with walking – has settled his medical negligence claim with the Tameside Hospital in Manchester in an undisclosed out-of-court settlement.  

Liam Careless of Stalybridge, Manchester, was twelve years of age when he attended the Accident and Emergency department of the Tameside Hospital complaining of feelings of paralysis on his neck. Liam was x-rayed, kept in overnight and discharged from hospital the next day with a neck collar for support.

However, after four years of suffering from shooting pains in his neck, a further x-ray revealed that the serious damage to Liam´s spine had been overlooked – damage which could have been resolved with prompt surgery at the time of his original complaint.

Now facing with a lifetime of pain, a weak neck and difficulty with walking, Liam sought legal advice and brought a hospital negligence claim against the Tameside Hospital. The Tameside Hospital admitted that they were liable for the error and offered Liam a six figure sum in compensation to provide ongoing care.

Motorbike Injury Compensation Settlement Approved

Posted on: November 10th, 2011

An undisclosed motorbike injury compensation settlement has been approved at London´s Royal Courts of Justice for a motorcyclist left fighting for his life after being in collision with a another vehicle.

David Scott Buchan (aged 28) of Watford, Hertfordshire, sustained catastrophic brain injuries after colliding with a car driven by Mark Whiting of Hatfield, Hertfordshire, in February 2005. The accident, which occurred just half a mile from David´s family home, resulted in titanium plates being inserted into David´s head after a prolonged period in intensive care.

Along with facial injuries and brain damage, David also sustained injuries to his ribs and spine, suffered long-term depression and has impaired levels of sight, taste and smell. He lives with his mother and step-father, who have been providing David´s care needs since his release from hospital, and can only walk with the aid of a stick.

The motorbike injury compensation action has taken six years to resolve due to a dispute over liability for the accident, but Mr Justice Langstaff at the Royal Courts of Justice heard that a settlement had been agreed between David´s legal representatives and Mark Whiting´s insurers on the basis of one-third liability, and that the case was before him for approval of the damages which remained confidential.

In approving the settlement, Mr Justice Langstaff paid tribute to David´s mother, Ann, and the “remarkable” level of care she had provided for her son.

Latest News on DePuy Hip Replacement Recall Legal Action

Posted on: November 3rd, 2011

The latest news on the DePuy hip replacement recall made by DePuy in August 2010 surrounds events currently taking place in the United States.

Last September, Judge David A. Katz, the judge assigned to hear the multidistrict litigation case in Toledo, Ohio, issued Case Management Orders for all claimants in the class action law suits filed to date in the States, to provide  Fact Sheets and Medical Records Authorisation Forms if they have already undergone revision surgery.

The Fact Sheets and Medical Records Authorisation Forms contain basic information concerning the injuries suffered by the claimants and will substitute for individual disclosure to the defendants in the case – DePuy Orthopaedics Inc and their insurers Broadspire Services Inc. DePuy Orthopaedics now have 120 days from the receipt of these documents to present the court with detailed information about each replacement hip system which was initially implanted, and facts relating to any communication between the company, their agents and the claimant.

As much as these submissions provide basic information about each claimant, solicitors representing those making a DePuy hip replacement compensation claim will still have to compile a case for each, as damages will be awarded on an individual basis (should DePuy Orthopaedics be found liable for personal injury compensation) depending on their unique circumstances. Those still waiting to undergo revision surgery will still be able to claim for advanced pain and suffering, but awards of personal injury compensation will be distributed on the merit of each separate case.

In addition to Judge Katz´s Case management Order, the latest news on the hip replacement recall law suits is that a conference between representatives of the legal firms which have filed class action lawsuits to date has been scheduled in Toledo for Tuesday November 22nd. The judge will be in attendance to assess the progress of the Case Management Orders and decide whether pre-trial hearings are the next appropriate action.