The surgeon noted that it was a difficult procedure with adhesions and acute inflammation of the gallbladder which he removed. A scan was performed later that day which showed an amount of free fluid in the upper abdomen and there was a strong suspicion that the Plaintiff had suffered an injury to a bile duct. The Plaintiff was thereafter transferred to the Mater Hospital for care under an expert hepatobiliary surgeon who carried out a laparotomy (open surgery) to assess the extent of the injury. The Plaintiff was extremely unwell and was transferred to the high dependency unit.

The Plaintiff remained in hospital for a number of weeks and was discharged home with a number of drains still in place. She was re-admitted a few days later with a raging infection and required further care in the isolation unit. Her recovery period was extremely protracted and she required a number of major operations to repair the damage to her bile duct and later to repair a hernia which developed post operatively.

The Plaintiff contacted Augustus Cullen Law who obtained expert opinion from a highly regarded Consultant Surgeon in England with a specialist expertise in laparoscopic cholecystectomy. He expressed the view that the Plaintiff had suffered a major “Strasberg E 4” bile duct injury with loss of the confluence of the hepatic ducts. It was the expert’s opinion that the Defendant had not employed the “critical view of safety” technique in identifying the anatomy which has become standard practice among surgeons performing these procedures, and as a result, was confused as to the anatomy which he was dissecting during the procedure with the result being damage to the Plaintiff’s bile duct.

Proceedings were issued against the Defendant in early 2015 and settlement negotiations commenced in May 2016 shortly before an application was made to have a trial date fixed. After protracted settlement negotiations the Plaintiff accepted the sum of €420,000 and costs which were paid without an admission of liability.

If you have any further queries please contact Jamie Hart, Partner in the Medical Negligence Department.

25 July 2016

    Gillian and all at Augustus Cullen Law, A million thanks for a great job done. Justice for our son at last!!

    Catherine, Liam & William

    Dear Michael, A great result was achieved because of your efforts and we were truly blessed to have you on our side.

    Kathleen, Medical Negligence Client

    Dear Joice…you are and have been very professional, sympathetic and dignified in all of your dealings with us and I put that down to one simple fact. You listened.

    James, Medical Negligence Client

    Geraldine, Thank you most sincerely for all your hard work and commitment to these children.

    Freda McKittrick, Head of Barnardos Beacon Guardian Ad Litem service

    Neil is an absolute gentleman to deal with – kind, tactful and very efficient. We could not praise him highly enough. He brought us through a horrible time.

    Sean, Medical Negligence Client

    Many thanks again for a job well done. We really appreciate all your hard work and practical advice.

    Corporate client in a commercial litigation matter

    Dear Jamie, You and your team in ACL were so professional, diligent and prompt. I have recommended you and the firm, and will continue to do so

    Lorraine McCarthy

    Gus Cullen and the firm’s approach to addressing the key issues was professional, yet personal, efficient yet attentive.


    The process is a difficult one and when you deal with people who are so professional and yet genuine/real people, it makes it so much easier... so thanks a million.


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