Eoin graduated from University College Dublin in 2005 with an honours Bachelor of Business and Legal Studies degree and also holds a Masters in Public Law from NUI Galway. After spending several years in the financial sector, Eoin commenced professional training in law in 2012 and joined ACL in 2014 having previously worked in general practice.
While with ACL Eoin has had extensive experience in the Medical Negligence and General Litigation departments, including a wide variety of medical claims involving birth injuries and cerebral palsy, oncology, surgical injuries and nervous shock claims. Eoin has also worked on several significant professional negligence and commercial arbitration matters.
Gillian is an MA (Hons) graduate of University College Dublin and has been a practising litigation solicitor for over 30 years. Gillian joined ACL in 2001. Prior to this she ran her own successful private practice for over 10 years specialising in defending medical negligence actions on behalf of various health boards. She now specialises solely in complex medical negligence litigation with ACL.
Conroy –v– Rotunda Hospital
Lump sum damages award of €5,250,000 plus costs in 2009. Read more…
Sheehan –v– Dr David Corr
Again, in the area of Cerebral palsy arising from an Obstetricians failure to diagnose rhesus incompatibility disease (involving anti-E antibodies) during pregnancy, a two year interim award of €1.9million was made. October 2011 Read more…
After an 8 day Trial further interim award for two years only in the sum of €635,000 plus costs. November 2013 Read more…
Cian Brady –v– Rotunda Hospital
Cerebral Palsy arising from negligent mis-management of a neonatal infant with symptomatic hypo-glycaemia/hypothermia and not properly diagnosed. Infant suffered serious brain damage. Award of €5.5 million plus costs – 2012 Read more…
Malone –v– Our Lady’s Hospital For Sick Children and Others
Complex action concerning acquired neurological injury of an infant resulting from the excessive use of chemotherapy in treating childhood leukemia with an award of €2.7 million and costs. October 2008 Read more…
B –v– Nicholas Jermyn
Proceedings were initiated on behalf of the Plaintiff for failure to diagnose breast cancer resulting in mastectomy and removal of spleen. The case settled 2 months before Trial for the sum of €400,000.00 plus costs. September 2008
Interim award in February 2011 was €2.4 million and costs. Read more... April 2013, further interim award for one year only €310,000 plus costs. Read more… June 2014 – Third interim award for three years –€895,000 plus costs. Read more...
Membership of Organisations
Member of Action for Victims of Medical Accidents (AvMA) Lawyers Resource Service
Member of the Dublin Solicitors Bar Association
Member of (Medical Injuries Alliance (M.I.A.)
Partner and Head of Medical Negligence Group
His reputation for fearlessly advancing his cases is well known and well founded.
A pre Eminent figure in plaintiff medical negligence offering clients a huge background of experience in handling complex and challenging medical claims.
He has become the foremost practitioner of his generation in this difficult and complex branch of the law.
Over the past 35 years he has specialised in the area of medical negligence and has been involved in many hundreds of medical negligence actions including many of the leading Irish medical negligence cases including the leading landmark case of Dunne v. National Maternity Hospital (where he acted for the Plaintiff). He has lectured extensively and has written numerous articles and book chapters. In addition, he has recently published a book on medical negligence law. He has successfully concluded many complex cases including approximately 90 birth injury, cerebral palsy and other catastrophic injury claims with multi-million pound/Euro awards for various infants and their families.
Cases Of Note in Past Ten Years:
Fitzpatrick -v- The National Maternity Hospital: In the year 2008 he was involved in the lengthiest ever birth injury cerebral palsy action with the Trial lasting 55 days, which was ultimately successful with an award of €4.5 million in favour of the infant Plaintiff
Myers -v- St. James’ Hospital: In 2009, Michael obtained one of the highest ever awards for personal injuries with an award of €6.5 million being made in the case of Myers –v- St. James’ Hospital for a catastrophically injured 50 year old woman who suffered her injuries due to an undiagnosed subarachnoid haemorrhage
In 2010-2011: He was involved in the successful trial and settlement of 6 cerebral palsy actions, a case for a catastrophically brain damaged woman arising from a ruptured aneurism and numerous other complex clinical negligence cases such as delay in diagnosis of cancer, poorly performed/delayed colorectal surgery, delay and failure to diagnose third degree tear and vaginal fistula, failure to treat Crohn’s Disease and poorly performed cosmetic surgery.
In 2012 Cian Brady –v- Rotunda Hospital: The Plaintiff sued for the negligent neonatal management of her baby who developed symptomatic hypoglycaemia. After 14 days at Trial the action settled, for €5.5 million plus costs
Jade Keane –v- HSE, National Maternity Hospital and Others. The Plaintiff suffered serious brain damage, consequent upon a 14 week delay in the diagnosis of developing neonatal hydrocephalus. Serial head measurements, showing abnormal head growth were not acted upon by various healthcare professionals. In 2012, after a 16 day trial liability to compensate the Plaintiff was admitted and the Plaintiff’s action settled for a sum of €4,750,000.
In 2013 Eoin Dunne -v- The Coombe Hospital A 10 year old boy who was deprived of oxygen following birth as a consequence of a negligent delay in the arrival of the paediatric staff to perform resuscitation. Liability was strongly disputed. Ultimately, Judgment was given in favour of the Plaintiff. Subsequently, interim damages were agreed to compensate the Plaintiff for a two year period of €2.9 million plus costs. In 2015 the case came back before the Courts for further assessment of damages with a further €11.4 million in damages awarded.
In 2014 Michael was involved in approximately 20 other catastrophic injury cases which settled with multi-million Euro interim awards of damages made and cases adjourned in anticipation of the enactment of Government legislation to permit Periodic Payment Orders.
In 2015, Michael was heavily involved in the prosecution of multiple actions suing both the State and the drug manufacturer in respect of children and adults suffering the effects of narcolepsy following the administration of the defective vaccine “Pandemrix”.
In 2016 Michael published a legal textbook entitled “A Practitioner’s Guide to Medical Negligence Litigation” which has been widely acclaimed. In April he concluded a trial for a child who suffered severe neurological and physical injuries as a consequence of delay in treating meningitis resulting in a record award of interim damages for a 3 year care package of 6.7 million euro. He has also achieved final settlement of lump sum damages for an eleven year old child with cerebral palsy of 11.4 million euro (with a likely further uplift of additional damages of at least 4m more to follow). In May he brought to trial and achieved a further award for a 16 year girl with CP an award of 7m. He continues his work for injured patients on a myriad of other serious medical negligence cases and continues to manage his specialist team of dedicated lawyers.
Membership of Organisations
Former Council Member of the Law Society of Ireland
Member of the Litigation Committee of the Law Society of Ireland
Member of Wicklow and Dublin Solicitors Bar Associations
Chairman of the Medical Injuries Alliance
Lecturer in Medical Negligence at the Law Society of Ireland and UCD School of Medicine
Member of Action Against Medical Accidents (AvMA)
Member of the President of the High Court’s working party on periodic payments and medical negligence reform.
Augustus Cullen Law are currently pursuing claims for substantial compensation for a large number of children and adults who developed narcolepsy shortly after being vaccinated with Pandemrix in response to the Swine flu (H1N1) virus.
By way of background, during the 2009/2010 Swine Flu (H1N1) pandemic in Europe, Pandemrix was widely used to vaccinate people including 900,000 people in Ireland. Following an increase in narcolepsy cases in children after receiving the Pandemrix vaccination, investigations were carried out by health agencies across Europe. The Department of Health carried out an investigation into the association between narcolepsy and Pandemrix and they found that there was a 13 fold increase in the risk of narcolepsy in vaccinated individuals compared with unvaccinated individuals. These results are similar to those in Sweden and Finland.
A key ingredient, ASO3, in the Pandemrix vaccination has come under serious scrutiny as the possible link between the vaccination and narcolepsy. ASO3 is a class of pharmaceuticals known as adjuvants which act as a booster for the vaccination and increases the body’s immune response to it. This meant that only a fraction of the antigen (the part that does the immunising) is required to give protection against the H1N1 virus when the adjuvant is added. The pharmaceutical companies can produce larger quantities of the vaccines in less time with sufficient protection against the virus because of the adjuvants. The ASO3 adjuvant in Pandemrix was very potent and it is believed may have boosted both a good immune response but also an adverse one. The ASO3 is a combination of 3 ingredients, squalene (an oil derived from shark livers), a form of vitamin E called DL-alphatocopherol and a mixing agent, polysorbate 80.
Almost 50 people in Ireland and over 800 across Europe have been affected by narcolepsy, a life-long incurable disease, following the Pandemrix vaccination. The symptoms of narcolepsy include daytime sleepiness, hallucinations, sleep paralysis, weight increases and cataplexies which is a sudden loss of muscle tone ranging from slackness of facial muscles to total collapse. We have been investigating claims for compensation on behalf of the majority of families affected by narcolepsy. In certain cases we have already issued proceedings against the State and GlaxoSmithKline as the producers of Pandemrix.
If you or your child has been affected by narcolepsy and wish for us to investigate your case or if you require further information, please contact: