Saturday 21 April 2018

Boy (2) awarded €40k after fracturing his elbow at crèche

Stock picture
Stock picture

Ray Managh

A two-year-old child, who suffered injuries in what was believed to be an unwitnessed fall in a crèche, was today Tuesday awarded just over €40,000 damages in the Circuit Civil Court.

Justin McQuade, counsel for Christopher Palmisano, now aged five, told the court Christopher was being cared for by Island Key Childcare and Community Service on October 7, 2015 and had started crying in pain some hours after having been left at the crèche.

Mr McQuade, who appeared with Hussey Fraser Solicitors, for Christopher, of Caledon Road, East Wall, Dublin 3, told Circuit Court President Mr Justice Raymond Groarke that the crèche, at Island Key, East Road, Dublin, had called an ambulance.

Christopher had been taken to Temple Street Children’s University Hospital, Dublin, where an x-ray on his swollen right elbow had revealed a fracture just above the elbow with mild dorsal angulation.

Mr McQuade said a cast had been applied but on review in the fracture clinic he had been admitted to a day ward where a manipulation and K-wiring of the elbow had been performed under anaesthetic.

He said that by November 23 Dr Martina Cleary had noted, on removal of a cast, that there had been no muscle wastage and Christopher had returned to fully using his right arm.

Mr McQuade told the court that in a medical examination almost a year later on behalf of the Injuries Board, Mr Harish Kapoor had noted Christopher had no major complaints apart from a minor cosmetic issue and no major gross mal-alignment of the elbow.

Medical experts felt that Christopher should have no major long-term disability in terms of function.

Mr McQuade said the Injuries Board, in November 2016, had assessed general damages at €40,000 with additional expenses of €180 and he was recommending the settlement offer by the crèche.

Judge Groarke approved the offer.

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