Concern over faulty PIP breast implants

personal injury solicitor, Francis Rowan, Solicitor, Dublin, IrelandThe Irish Medicines Board has said that up to 1,500 Irish women could have received breast implants made by Poly Implant Prothese (PIP), a French company, which went out of business in 2010. Implants from PIP have been found to contain non-medical grade silicone. The silicone used in PIP implants is more commonly used in industrial applications and can be up to 10 times less pure than medical-grade Silicone. The implants are known to have been used in Shandon Street Hospital, Cork; Clane Hospital, Co Kildare and Harley Medical Clinic in Dublin.The French government has stated that women who received PIP implants could have them removed at the state’s expense. British health authorities have said they will cover the cost of removing any PIP products which were implanted by the NHS. Anyone in Ireland who has received breast implants should check with the clinic in which the surgery was done to determine whether or not the implants were made by PIP. If you have any doubts or concerns, you should seek medical and legal advice without delay.

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New High Court, District Court judges, DPP

Two new judges have been appointed to the High Court and three new judges to the District Court. The new High Court judges are Judge Michael White, who was previously a judge of the Circuit Court and Judge Kevin Cross, a Senior Counsel. The appointments were made to replace Mr Justice Vivian Lavin who retired earlier this year and Mr Justice Brian McMahon, now Chairman of the Referendum Commission. All three new District Court judges are solicitors by profession; Ms Grainne Malone, Mr Patrick Durcan and Mr Michael Coghlan who practised in Tallaght, Westport, and Kimmage, respectively. They replace Judges Tom O’Donnell, William Hartnett and Michael Patwell who have retired. 

Solicitor, Ms Claire Loftus has been appointed as Director of Public Prosecutions (DPP) following the retirement of Mr James Hamilton on 7 November 2011. Ms Loftus qualified as a solicitor in 1992 and has more than 18 years experience in criminal law.

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Cap on General Damages raised to Eur 450,000

Cap on General Damages raised to €450,000 Personal Injury Solicitor Dublin

The cap on general Damages has been raised by the High Court to €450,000 in a judgement by Mr Justice Quirke in a case involving Ms Maggie Yang Yun, a Chinese national who suffered catastrophic injuries in a car crash on the road between Dublin and Drogheda. General damages are monies paid to personal injury claimants to compensate them for the non-financial consequences of their injuries, such as pain and suffering and loss of enjoyment of their life. Damages for loss of income, medical and living expenses, etc.  are called special damages. The previous cap on general damages was set at IR£150,000 in 1984 which was adjusted over time in line with inflation to around €350,000 in recent years. Mr Justice Quirke raised the upper limit to €450,000 in his judgement. Ms Yang Yun was awarded €325,000 in general damages together with a very significant sum for loss of earnings and cost of future care bringing her total award up to €1,826,380.12.

Immunity for expert witnesses ended in Britain

Personal Injury Solicitor Dublin, Francis Rowan Solicitor, immunity for expert witnesses endsThe Supreme Court in London has ended a 400 year old convention that expert witness should enjoy the same immunity from prosecution as judges, juries and ordinary witnesses. Solicitors for Mr Paul Wynne Jones, who was injured in a collision with a car, instructed Ms Sue Kaney, a consultant clinical psychologist to report on Mr Wynne Jones. She reported that Mr Wynne Jones was suffering from post-traumatic stress disorder (PTSD). An expert for the defence claimed he had exaggerated his symptoms. When the two experts were ordered to prepare a joint report, Ms Kaney changed her opinion, now stating that he did not suffer from PTSD. Mr Wynne Jones claimed that she was negligent in doing this and that it had lead to a significant reduction in the settlement he received. The High Court struck out his claim for negligence, saying that as an expert witness, Ms Kaney was entitled to immunity. The matter was referred to the Supreme Court in the public interest, which decided by a majority of five to two that there was no justification expert witness immunity, although experts’ liability should be “highly exceptional”. Although decisions of the British courts are not binding in Ireland, because we have similar legal systems, a decision such as this can have a strong persuasive authority in Irish law.
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