The Court of Appeal has reduced a damages award to Limerick factory worker Mark Keane from €944,074.46 to €886,418.96 while upholding the central finding that his shoulder condition was caused by a 2018 workplace accident.
Keane was working as a process technician at Johnson & Johnson Vision Care’s Limerick factory on 10 September 2018 when a colleague’s hand became trapped under a heavy machine component. Keane intervened to help. He injured his right little finger on a metal rail and then used his right shoulder to support the weight while colleagues freed the trapped worker.
The finger injury was diagnosed immediately. Keane later developed shoulder symptoms and PTSD. His shoulder problems eventually led to surgery in September 2022.
The High Court found in April 2025 that the accident caused or materially triggered the shoulder condition and awarded €944,074.46. Johnson & Johnson appealed, principally disputing causation and the scale of future financial losses.
The Court of Appeal rejected the causation challenge. Ms Justice Faherty held that the High Court had substantial evidence supporting its conclusion, including the mechanism of the accident, the period during which Keane’s arm was immobilised, medical records documenting progressively worsening symptoms and expert evidence linking the shoulder condition to the accident.
The court also rejected arguments that Keane’s inaccurate evidence about cycling activity in 2020 undermined the entire finding. It held that the causation conclusion rested largely on independent medical evidence rather than his credibility alone.
However, the appeal succeeded in part on future earnings. Keane had previously received €42,000 for future earnings in a separate 2014 road-traffic injury case. The Court of Appeal held that this had to be deducted to avoid double recovery.
It also increased the contingency reduction applied to future earnings from 15% to 20%, reflecting ordinary life risks together with Keane’s previous health problems and history of alcoholism.
The revised future earnings award was €351,288, producing total damages of €886,418.96. Final orders and costs were left for a later date.