Augustus Cullen Law have recently concluded a case on behalf of a Plaintiff who suffered severe injuries in a fall which was sustained whilst she was being mobilised by nursing staff following knee replacement surgery.
The Plaintiff, aged 73 at the time, had been admitted to hospital for her operation in August 2012. Whilst the operation itself was uneventful, the Plaintiff’s post-operative recovery was complicated by a mild heart attack, low haemoglobin levels and diarrhoea. As a result she remained in the High Dependency Unit for three days following her surgery. During this period the Plaintiff had been seen by physiotherapy staff who noted that she was not to mobilise until she was more stable. However the next day, following the Plaintiff’s transfer out of the High Dependency Unit nursing staff sought to mobilise her to the toilet. When the Plaintiff was on her way back from the toilet she suffered a fall which caused her to suffer a rupture to her patellar tendon in her left knee.
The Plaintiff subsequently had to undergo further surgery on her knee. Unfortunately the repair of her ruptured patellar tendon failed. As a result the Plaintiff underwent a left knee fusion procedure in October 2012. This has left her with no movement in her left knee and a shortened left leg. As a result, in addition to a claim for general damages for the Plaintiff’s injuries, there was also a claim for her additional care needs, aids and appliances and housing requirements. Furthermore, novel issues arose in this case regarding the fact that, on the successful conclusion of her litigation, the Plaintiff and her husband would lose their entitlement to certain means tested benefits which were their sole source of income. These losses were also included in the Plaintiff’s case.
This case was listed for hearing in October 2015 and liability was fully disputed by the Defendant up until the weeks before trial at which point a full admission of liability was ultimately made. Settlement negotiations before the trial date were unsuccessful. However, on the day of the trial the Defendant eventually offered to pay to the Plaintiff in full and final settlement of her action the sum of €550,000 plus her legal costs. This represented an excellent outcome for the Plaintiff who was extremely happy with the outcome of this matter.
For further information please contact Neil Kidd in our Medical Negligence Department.
15 February 2016