The High Court awarded Tony Smyth €526,695 in damages after assessing the consequences of an accident at work on 6 October 2008. The judgment, delivered by Mr Justice Hedigan on 21 July 2014, records that the case proceeded as an assessment of damages.
Smyth fractured and dislocated the radial head of his left elbow. He underwent surgery and physiotherapy, then developed ulnar nerve compression and had further surgery in February 2011. The court heard that he continued to experience pain, numbness, reduced strength and an unreliable grip in his left arm and hand.
A pain specialist diagnosed Complex Regional Pain Syndrome in 2012. Invasive spinal cord stimulator treatment provided mild to moderate pain reduction, according to the specialist, but did not remove the pain. The device caused discomfort and could produce electric shocks with sudden movement. The specialist said that if it were removed, Smyth would likely return to his previous pain levels.
The judge described Smyth as an honest witness and accepted that he was a genuine patient. The judgment records that he had worked in construction in semi-skilled engineering work and earned about €914 gross a week before the accident. A vocational assessor considered his employment prospects poor, citing his injury and significant literacy difficulties, while saying he was motivated to find work.
The court said it could not make a scientific calculation of lost earnings. Smyth had been off work for just over six months after the accident and was made redundant in early 2010. The judge took account of the recession and uncertainty about whether Smyth would have found work if uninjured. He assessed loss of earnings to date at €58,500 and future loss at €200,000, making €258,500 in total.
The award also included €42,500 in agreed special damages to date, €39,237 for future medication, €34,080 for two spinal cord stimulator replacements, €2,378 for future GP visits and €150,000 for pain and suffering, split equally between past and future. The judge considered whether to reduce the total as excessive and decided not to. The court ordered a decree for €526,695 in Smyth’s favour.