€20,000 award for girl (3) who lost fingertip in pram accident
Published 25/05/2011 | 05:00
A three-year-old girl whose fingertip was sliced off in a fold-up pushchair accident has been awarded a €20,000 settlement in the Circuit Civil Court.
Quick-thinking assistants at a Dublin creche had packed the severed tip in ice -- but surgeons at Temple Street Children's Hospital were unable to sew the tip back on to the finger, the girl's barrister Angus Buttanshaw told Circuit Court President Mr Justice Matthew Deery yesterday.
Mr Buttanshaw also told the court that on April 15 last year Elaine Deans, of Rathvilly Park, South Finglas, Dublin, was collecting her daughter Roisin Longo from the creche at Mellow Spring Childcare Development Centre in Finglas West.
As she was opening the Maclaren folding pushchair Roisin had run towards her and reached out her hands to get into it. As she did so her finger became caught in the hinge mechanism and the tip of it had been sliced off.
Ms Deans (41) took a €38,000 damages claim on behalf of Roisin against Maclaren Europe Limited, of Long Buckby, Northampton, England, who had manufactured the pushchair.
Mr Buttanshaw said liability had not been formally conceded by Maclaren Europe Limited but the company had made a settlement offer of €20,000 and he was asking the court to approve it.
The court heard that Roisin's left ring finger had caught in an unguarded hinge mechanism of the pushchair and that inquiries by civil engineer Desmond Kirwan Browne revealed the model had been recalled in the US and hinge repair kits issued to customers.
Mr Kirwan Browne had found that the Maclaren Umbrella Stroller buggy had been manufactured in England and that the product complied with EU and British safety standards. The Techno XT model involved had been recalled in the US but Mr Kirwan Browne was not aware of any product recall in Ireland.
Judge Deery, approving the €20,000 settlement, said that although the repaired fingertip had fallen off following surgery Roisin had not suffered any physical dysfunction and her finger had healed.