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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Advice about Making a Lip Filler Injury Claim

Ensure you get appropriate and relevant legal advice from a solicitor about making a lip filler injury claim for compensation against a cosmetic surgeon.

In Ireland, lip filler procedures are usually carried out without complication. Although patients can suffer bruising, swelling and bleeding around the lips as a result of the procedures, these symptoms often disappear quickly with no long-term adverse effects. When more serious or permanent injuries occur, it may be possible to making a lip filler injury claim depending on the nature of the injury and its cause.

However, making a lip filler injury claim can be complicated. If you signed a contract consenting to the procedure after having been informed the injury you sustained was a possible risk, the cosmetic surgeon will deny liability for your injury. Similarly, if the injury could not have been avoided at the time and in the circumstances, a lip filler injury claim for compensation will likely be unsuccessful.

The success of a lip filler injury claim largely depends on the same criteria as a medical negligence claim – that “on the balance of probabilities” the cosmetic surgeon, the surgery, or an agent of the surgery demonstrated a lack of skill, and that lack of skill resulted in you sustaining an avoidable injury. Because the criteria is similar to a medical negligence claim, you cannot apply to the Injuries Board for an assessment and your case has to be handled by a solicitor.

After reviewing any pre-treatment contract you entered into and asking you about whether or not you gave your informed consent, your solicitor will usually engage a medical expert to ascertain the level of injury you have sustained, confirm that it could have been avoided with greater care, and – in the event of asymmetry or other irregularities – assess whether the injury can be reversed.

Once sufficient evident of negligence has been collected to support your lip filler injury claim, your solicitor will write to the cosmetic surgeon, providing details of the claim made against him or her, and requesting an offer of settlement. Should you be approached at this time by the cosmetic surgeon or their insurance company with a private offer of settlement, you must refer it to your solicitor.

When negligence has been acknowledged, your solicitor will negotiate an appropriate settlement of your claim based on the level of injury you have sustained, your pain and suffering (include mental suffering if you have experienced a lack of confidence), your age, previous state of health and your motive for undergoing the procedure in the first place.

Because of the complexity of making a lip filler injury claim, it is very important that you seek professional legal advice that is relevant to your specific circumstances. There are many different types of injury that can be sustained due to negligent lip filler procedures, and each one will affect patients differently. Therefore ensure you get appropriate and relevant legal advice from a solicitor at the first possible opportunity.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Sodium Valproate Side Effect Claims Launched in France

A class action comprising several hundred sodium valproate side effect claims has begun in France to compensate children who sustained injuries in the womb.

Sodium valproate is an active ingredient of the drug known in Ireland as Epilim. In 1983, Epilim was introduced into Ireland after having been successfully used in France for treating patients for epilepsy and bipolar disorder. The drug was also prescribed in Ireland to treat migraine because it stabilises electrical activity in the brain.

Sodium valproate breaks down in the bloodstream and is absorbed as valproic acid. If taken by pregnant women, the valproic acid can enter the womb and have an adverse effect on the development of the foetus. Children exposed to valproic acid in the womb have been born with a wide range of development issues including spina bifida and autism.

Allegedly, the sodium valproate side effects were suspected before Epilim was introduced in Ireland but, due to the limited studies that had been conducted on the foetal development issues, the information available at the time was considered to be inconclusive. However, France’s National Agency for the Safety of Medicines (ANSM) has now looked deeper into the issue and produced a disturbing report.

In the preparation of its report, ANSM researched the health of 8,701 children born between 2007 and 2014 whose mothers had taken the French-branded equivalent of Epilim during pregnancy. The agency identified up to 4,100 children suffering from sodium valproate side effects along with hundreds of stillbirths attributable to the active ingredient.

ANSM´s report has prompted hundreds of sodium valproate side effect claims that have been combined to make one large class action against the manufacturer of Epilim – Sanofi. The sodium valproate side effect claims are currently being made on behalf of children in France who have been diagnosed with foetal valproate syndrome, but is likely to expand across the world.

In Ireland, there are no records relating to children who have been diagnosed with injuries due to foetal valproate syndrome, and a support group for parents – the FACS Forum – has called upon the government to conduct an audit to identify the scale of the problem. The support group hopes the audit will result in support being provided for parents of children suffering from sodium valproate side effects.

For further information about what support is currently available for children exposed to valproic acid in the womb, the FACS Forum can be reached via the disability-federation.ie website. If you would like to find out more about the sodium valproate side effect claims being made in France, you should speak with a solicitor.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Settlement of Compensation for Scarring due to Hospital Negligence Approved at Court

A High Court judge has approved a €100,000 settlement of compensation for scarring due to hospital negligence at a hearing of the High Court in Dublin.

Ann Ryan from Rathdrum in County Wicklow gave birth to her second daughter at the National Maternity Hospital in Dublin on 19th October 2012 – just twenty-five weeks into her pregnancy. Baby Sophia was transferred to the Special Care Unit, where catheters were inserted to help with her feeding and administer medication.

The areas of Sophia´s skin surrounding the catheters were cleaned with chlorhexidine rather than the usual sepsis-preventing povidone-iodine. This action was undertaken as part of the National Children´s Research Centre´s “SKA trial” – a trial that Ann had agreed to take part in provided that Sophia did not experience any discomfort or side effects.

However, the morning after her transfer to the Special Care Unit, nurses noticed redness and ulcerations on Sophia´s back. The condition was diagnosed as being an adverse reaction to the antisepsis treatment and, because Sophia was in distress from the pain, she was administered morphine intravenously and Fucidim – a cream used to prevent bacterial skin infections – was applied to her skin.

As the condition failed to improve, the Fucidim treatment was discontinued the following day and an alternate cream applied – Duoderm. The redness and ulcerations began to fade, but Sophia has been left with discoloured skin on her back and a scar that was diagnosed in May 2014 as being consistent with a chemical burn.

Through her father – Tom – Sophia claimed compensation for scarring due to hospital negligence; alleging that the Holles Street hospital had been negligent in her treatment. It was also alleged that, due to the discolouration of the skin on her back, Sophia will likely require a skin graft in the future.

The hospital offered to settle the claim without an admission of liability for €100,000 and, at the High Court in Dublin, Mr Justice Richard Humphries was given the details of the settlement offer along with a synopsis of Sophia´s treatment after her premature birth. The judge approved the settlement of compensation for scarring due to hospital negligence and also ordered that the hospital pay the Ryan´s legal costs.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Compensation for a Cardiac Arrest due to Medical Negligence Approved at Court

A settlement of compensation for a cardiac arrest due to medical negligence has been approved at the High Court in favour of a woman in a vegetative state.

On 1st November 2010, Pauline Carroll from Mountmellick in County Laois attended the Midland Regional Hospital in Tullamore for a consult on the progress of her cancer treatment. Pauline (65) had undergone surgery on a tumour earlier in the year and, since August 2010, had been undergoing chemotherapy treatment.

However, rather than see a doctor first, Pauline was immediately started on another session of chemotherapy. When the doctor saw Pauline an hour later, he said that the treatment should not have been started because her white cell count was 1.07, whereas it should have been at least 1.5 before undergoing a further course of chemotherapy.

Two days later, on 3rd November 2010, Pauline suffered a cardiac arrest at her home. She was taken to hospital where she suffered a second cardiac arrest, causing her to suffer brain damage. Pauline is now in a permanent vegetative state and is cared for around the clock in a specialist nursing home.

On his wife´s behalf, Kevin Carroll claimed compensation for a cardiac arrest due to medical negligence – alleging that the treatment should not have been administered before Pauline had seen the doctor, particularly when it was known that she had suffered cardiac pain three months earlier and the chemotherapy drugs she had been treated with were cardiotoxic.

The Health Service Executive (HSE) denied liability for Pauline´s injury – arguing that there was no connection between the administration of the chemotherapy and Pauline´s cardiac arrest and brain damage. However, at the High Court, Mr Justice Kevin Cross was told that the HSE had agreed to a settlement of compensation for a cardiac arrest due to medical negligence without an admission of liability.

According to details of the settlement, Pauline will receive €975,000 compensation for a cardiac arrest due to medical negligence and the state will pay for her care for as long as she lives. Judge Cross approved the settlement, commenting it was a “very good legal outcome for what has been an unfortunate and tragic outcome”.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Judge Increases Award made by Hepatitis C Compensation Tribunal

A High Court judge has increased an award made by the Hepatitis C Compensation Tribunal after hearing an appeal from a woman who developed encephalopathy.

The unnamed plaintiff was one of thousands of women who in 1977 were given an anti-D immunoglobulin blood transfusion infected with Hepatitis C. In 1998, the plaintiff had been awarded €298,000 by the Hepatitis C Compensation Tribunal, but she had returned to the Tribunal earlier this year, seeking more compensation after developing “life destroying” side effects of brain damage and cirrhosis of the liver.

The Hepatitis C Compensation Tribunal awarded the plaintiff a further €180,000 but, on the basis that a previous case had been settled for €250,000 after a woman had developed similar injuries, the plaintiff appealed the decision to the High Court. The Minister for Health opposed the plaintiff´s appeal on the grounds that the case was different to the one in which the higher award was made.

The Minister of Health argued that the plaintiff received treatment for Hepatitis C before her condition was diagnosed. However, at the High Court, Mr Justice Bernard Barton heard that the plaintiff´s “decompensated cirrhosis” had been triggered by the ribavirin therapy she had undergone in 2013 to treat the Hepatitis C virus after tests revealed a serious deterioration of her liver.

The judge also heard that the plaintiff had developed encephalopathy as a result of her treatment – a side effect which manifests as slurred speech and forgetfulness, and which is irreversible and requires ongoing medical treatment to control its effects. The encephalopathy condition had resulted in severe mental anguish it was claimed.

Judge Barton found in the plaintiff´s favour – saying that the High Court had the jurisdiction to compensate the woman for the pain and suffering arising out of the treatment she underwent in 2013. The judge said that it was “only fair and reasonable” that the award by the Hepatitis C Compensation Tribunal be increased to €250,000 to reflect the full and independent life that the plaintiff could no longer lead.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Claim for the Inappropriate Use of Syntocinon Heard in Court

The High Court has heard details of a claim for the inappropriate use of Syntocinon during labour, which resulted in a baby being born with kinetic cerebral palsy.

On 20th July 2007,Patrick Brannigan was born by emergency Caesarean Section at Cavan General Hospital after his mother had been administered Syntocinon to speed up her labour (you can read about the risks associated with Syntocinon here).

The synthetic drug was administered despite a CTG trace showing that Patrick was in distress in the womb and, rather than help facilitate his delivery, the Syntocinon had the effect of depriving Patrick of oxygen.

Patrick was born suffering from dyskinetic cerebral palsy. Now seven years of age, Patrick is confined to a wheelchair and has no means of communication. He is cared for full-time by his parents and will never be able to lead an independent life.

Through his mother – Niamh Brannigan of Castleblayeny, County Monaghan – Patrick made a claim for the inappropriate use of Syntocinon during his mother´s labour, alleging that medical staff at Cavan General Hospital mismanaged his birth.

Cavan General Hospital acknowledged that the drug should never have been administered when there were signs of foetal distress and apologised to the family. A €2.1 million interim settlement of Patrick´s claim for the inappropriate use of Syntocinon was agreed, subject to approval by a judge.

Earlier this week at the High Court in Dublin, the circumstances leading up to Patrick´s birth were related to Mr Justice Kevin Cross. Judge Cross heard that Patrick is a cheerful, good humoured boy before approving the interim settlement of compensation.

The judge then adjourned the claim for the inappropriate use of Syntocinon for three years in order that reports could be compiled into Patrick´s future needs. It is hoped that legislation is passed within the next three years in order that a periodic payment structure can be used to resolve Patrick´s claim for the inappropriate use of Syntocinon.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Syntocinon Medical Negligence Claims a Concern for Experts

Experts from the State Claims Agency and the Rotunda Hospital have agreed that consistent guidelines are needed to reduce Syntocinon medical negligence claims.

Syntocinon is a brand name for oxytocin – a synthetic drug used prior to childbirth to induce labour or accelerate contractions. The benefits of Syntocinon are that they reduce the amount of time a mother is in labour and helps the womb to contract if a birth is necessary by Caesarean Section.

There are many risks involved with the use of Syntocinon; and, when the drug is administered, both mother and baby need monitoring to avert complications such as an adverse reaction or foetal distress. There are also many circumstances in which the administration of Syntocinon is dangerous to mother, baby or both.

Syntocinon is classified as a “high-alert medication” and has been attributed to the death of four babies at the Portlaoise Hospital due to inadequate monitoring. Syntocinin medical negligence claims have resulted from inadequate monitoring at other hospitals; and, in November 2013, a couple from Rathgar in Dublin were awarded €150,000 compensation for nervous shock after their baby died at the Rotunda Hospital.

When children have survived, but have been brain damaged during the delivery process, the settlement of medical negligence Syntocinon claims has been significantly higher. Jamie Patterson was awarded an interim settlement of €1.58 million compensation for cerebral palsy in May last year, while Skye Worthington´s €2.32 million interim settlement of cerebral palsy compensation was approved last February.

The State Claims Agency – the agency that pays settlements of medical negligence Syntocinon claims made against the HSE – recently commented on a report conducted on the use of Syntocinon in Irish hospitals. The report showed significant inconsistency in how the drug is administered – inconsistencies which, Dr Sam Coulter-Smith, Master of the Rotunda Hospital, described as “putting unborn children at unnecessary risk”.

The report revealed that maternity staff at one Irish hospital received no guidance on the use of Syntocinon – including the dosage that should be administered to expectant mothers – and that two maternity units provided no guidance on the monitoring of expectant mothers and their babies.

Mary Godfrey – the State Claims Agency´s clinical risk advisor – commented that the report showed the need for consistent guidelines to improve outcomes for mothers and babies, and to prevent Syntocinon medical negligence claims being made against the HSE.

Ms Godfrey´s comments were echoed by Dr Coulter-Smith who – speaking on Newstalk´s Lunchtime Show – said “The issue with each of the maternity units having their own rules on its use means doctors moving from one to another don’t have common set of guidelines to follow.”

What both medical experts failed to comment on was one alarming discovery in the report which read “No service obtains explicit written consent from women prior to starting them on the drug.” The State Claims Agency and Irish Hospitals will also have to address the issue of “informed consent” if they wish to see a reduction in Syntocinon medical negligence claims.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Woman Allowed to Claim Compensation for the Failure to Identify Side Effects of Medication

A County Cork woman has been given permission by a High Court judge to claim compensation for the failure to identify the side effects of medication prescribed for her seventeen years ago.  

Forty-three year old Lorna Savage was given permission to claim compensation for the failure to identify the side effects of medication after an attempt to dismiss her claim by Pfizer was denied by a judge at the High Court.

Lorna had originally been prescribed the steroid Deltacortril when she was twenty-seven years old in 1997, in order to treat the condition vasculitis – a skin disorder in which damaged blood vessels cluster together to form an irritable and unsightly rash on the surface of the skin.

After taking Deltacortril for a prolonged period of time, Lorna developed Avascular Necrosis – a known but uncommon side effect of the steroid – a condition which prevents blood from reaching bones (usually the hip and knee joints) with the resulting effect that the bone tissue dies and the bone eventually collapses.

By the time Lorna was thirty one years old, she had undergone surgery to have and one hip and both knees replaced, and her condition had deteriorated to such an extent that she was confined to a wheelchair and regularly taking morphine to control the pain.

Lorna made a claim for compensation for the failure to identify the side effects of the medication against her GP – Dr. Michael Madigan – and her consultant doctor at Cork University Hospital – Dr. M Molloy.

In her legal action against her GP, Lorna alleged that Dr. Madigan had not investigated her vasculitis condition fully and had negligently prescribed the steroid Deltacortril when he was (or should have been) knowledgeable of the possible side effects.

She also claimed that her consultant – Dr. Molloy – had continued to prescribe Deltacortril after Dr. Madigan´s death (in 1999) and that he had failed to identify the side effects of the medication despite her deteriorating condition.

Lorna also included the pharmaceutical company Pfizer in her claim for compensation for the failure to identify the side effects of medication – alleging that Pfizer had neglected to include a warning on the literature accompanying the Deltacortril tablets that continued use of the steroids could cause Avascular Necrosis. Lorna also claimed that the company was negligent for failing to advise against the risks of drinking alcohol while taking the tablets.

Dr. Madigan´s estate, the HSE (on behalf of the Cork University Hospital and Dr. Molloy) and Pfizer each denied that they had been negligent. Pfizer applied to have Lorna´s claim for compensation for the failure to identify the side effects of medication dismissed on the grounds that there had been an “inexcusable delay” in bringing the case to court.

After hearing arguments from both sides, Mr Justice George Birmingham ruled that the delay was “excusable” on the grounds that the delay in bringing the case to court had been caused by Lorna having to undergo several more operations recently.

This, the judge said, had prevented Lorna from instructing her solicitors, and was a reasonably valid excuse. The judge denied Pfizer´s application to dismiss the case – stating that Lorna´s claim for compensation for the failure to identify the side effects of medication would be listed for a full court hearing later in the year.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Woman Wins Medical Negligence Claim for being Given Wrong Medicine

A woman in Philadelphia was won her medical negligence claim for being given the wrong medicine, after a mistake at her local surgery caused her to go into cardiac arrest.

Jacqueline DiTore attended the Abington Surgical Centre in Pennsylvania on 7 June 2010 for an elective nasal procedure. Before starting the procedure, her surgeon – Dr Warren Zager – asked a nurse to prepare an anaesthetic injection of 1 percent lidocaine to soak some cotton balls soaked in a nasal decongestant (Afrin) to control the bleeding during the procedure.

The nurse poured the nasal decongestant into a bowl in order to soak the cotton balls before preparing the anaesthetic; but a second nurse mistook the contents of the bowl as lidocaine, drew the liquid into a syringe which she then passed to the doctor. Unaware that the syringe contained decongestant, Dr Zager injected the Afrin into Jacqueline´s nose, and then started to prepare for the surgery.

An anaesthetist present in the operating theatre noticed that Jacqueline´s heart rate had fallen to 36 beats per minute and – unaware that Jacqueline had been injected with enough Afrin to cause a 100-fold increase in vasoconstrictive activity (the narrowing of the blood vessels) – administered an anticholinergic which returned Jacqueline´s heart rate to 80 beats per minute.

When Dr Zager returned to begin the procedure, Jacqueline still had a sensation in her nose and the doctor asked for more 1 percent lidocaine. He was told that the surgery only had 2 percent lidocaine and it was then that the mistake with the nasal decongestant was discovered. Dr Zager chose to continue with the procedure regardless, and administered the 2 percent lidocaine into Jacqueline´s nose.

Following the injection of lidocaine, Jacqueline´s heart rate soared to 140 beats per minute and her blood pressure registered 260/150. At that point labetalol (a drug used to lower high blood pressure) was administered which caused Jacqueline´s blood pressure to crash and she went into cardiac arrest. Jacqueline was rushed to nearby Abington Memorial Hospital where she was resuscitated.

It soon became apparent that Jacqueline had suffered brain damage during the cardiac arrest which left her with impaired cognitive abilities, difficulty with her speech and vision, and short-term memory loss. Doctors advised her that her brain injury is likely to deteriorate as she gets older and, after speaking with a solicitor, Jacqueline made a medical negligence claim for being given the wrong medicine.

Both the Abington Surgical Centre and Dr Zager denied that they were liable for Jacqueline´s injury; arguing that Dr Zager was right to continue with the nasal procedure as the anaesthetic administered in the second injection did not compound the effect of the Afrin, and therefore did not contribute to her reaction. It was also claimed that Jacqueline was “high-functioning”, and that her condition was not as serious as she had claimed.

Jacqueline´s medical negligence claim for being given the wrong medicine went to Montgomery County Court in Philadelphia before Judge Thomas M. Del Ricci. After several weeks of testimony and deliberations, the jury returned a verdict in Jacqueline´s favour. The jury considered Dr Zager to be 38.5 percent negligent for Jacqueline´s brain injuries and the Abington Surgical Centre 61.5 percent negligent. They awarded her $5.1 million compensation.

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If you have suffered a loss, an injury or the deterioration of an existing condition due to the adverse side effects of medication, it may be possible to claim hospital negligence compensation. In order to claim injury compensation for the adverse side effects of medication, it has to be demonstrated that there was a known risk of side effects from the medication you were prescribed, or that you were administered medication for either too long or in the incorrect dosage.

Compensation claims for the adverse side effects of medication also have to show that you did not contribute to your injury due to your own lack of care. If you failed to take medication at the intervals or in the quantities that were prescribed for you, or you failed to alert a medical professional when an adverse side effect of medication started, you may still be eligible to make a claim for hospital negligence, but how much compensation for the adverse side effects of medication you received may be reduced to reflect your contributory negligence.

For professional legal advice about claiming compensation for the adverse side effects of medication, you are invited to call our Freephone Advice Line for accurate and informative help from an experienced medical negligence solicitor. All calls to our Freephone Advice Line are completely confidential, and you will be under no obligation to proceed with a claim for the adverse side effects of medication once you have spoken with us.

Woman to Receive Compensation for Prescription of Wrong Drug after Case goes to Appeal Court

A woman in Australia is to receive compensation for the prescription of the wrong drug against a doctor contracted by her employer after the case was heard in the Court of Appeal.

Michelle Strickland from Macquarie Fields in Sydney brought her compensation claim for the prescription of the wrong drug after the fifty-three year old process line worker had passed out in November 2010 at Chep Australia’s Wetherill Park factory.

Michelle was taken to hospital, where a CT scan revealed that an aneurysm in her brain had ruptured and she had suffered a near-fatal neurological injury. Michelle underwent two major brain operations over the course of the next twelve months, but now suffers from facial paralysis and memory loss, and has difficulty holding a conversation with her two grandchildren.

Following a routine visit to her GP, a connection was found between the ruptured aneurysm and anti-inflammatory medication she had been prescribed by her employer´s contracted doctor to treat a repetitive strain injury she had developed while working on the factory process line.

Michelle made a claim for compensation for the prescription of the wrong drug against her employer, claiming that she had complained to the company´s doctor about headaches which occurred whenever she took the medication, but the doctor had advised her to rest until headaches passed and then to start working again.

Chep Australia denied Michelle´s claim, arguing that there was no link between Michelle´s neurological injury and her role in the factory, and that her ruptured aneurysm was probably caused by Michelle´s high blood pressure and smoking habit.

After an initial hearing at the New South Wales Workers Compensation Commission, Michelle was awarded a weekly compensation amount and her medical expenses paid; however Michelle´s employers contested the decision and took the case to the Court of Appeal in Sydney.

At the Court of Appeal in Sydney, judges found in Michelle´s favour and upheld the original decision to award compensation for the prescription of the wrong drug.

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