A two-year-old child who cut his right eye of a sharp object on a shelf in a Co Dublin pharmacy has been awarded damages of €22,000 in the Circuit Civil Court.
Judge John O’ Connor heard that Ross Pickering of Merrion Park, South Hill Avenue, Blackrock, Co Dublin, had been shopping in Bradley’s Chemist with his mother on July 14, 2014, when the accident occurred.
Barrister Samantha Cruess-Callaghan, counsel for Ross, who sued through his mother Marie-Claire Greenan, said the child had bent down to pick something up off the floor and that when he had stood up he caught the underside of his right eye on a sharp item located on a La Roche Posay display shelf.
Ms Cruess-Callaghan, who appeared with Coleman Legal Partners Solicitors, told the court that following the incident, Ross had been taken to the Emergency Department of Crumlin Hospital and had been seen by the doctor on duty.
She said it had been noted that Ross, who sued Siofra Limited and L’oreal (Uk) Limited trading as La Roche Posay, had a laceration to his right upper eyelid measuring approximately three centimetres. Counsel said the wound had been superficial and that it had been cleaned using an anti-septic technique.
The court heard from Ms Cruess-Callaghan that the child had been reviewed two weeks later when his steri-strips had been removed. She said there had been no bleeding or signs of infection to Ross’s injury.
Counsel said Ross’s wound had healed well. She said the child’s mother had been informed that if there had been any concerns nine months post-accident, then Ross could seek advice from a plastic surgeon.
Ms Cruess-Callaghan told the court the child had been reviewed by a plastic and reconstructive surgeon one year after the accident in July, 2015.
She said the surgeon had noted that Ross had a scar measuring 1cm by 3mm above his right eye. The surgeon had said the scar had been slightly red in colour and visible from a conversational distance.
His opinion had been that the scar had still been immature and would continue to heal in the next 18 months when it would become white in colour.
Counsel told the court that the surgeon had been correct in his opinion and that the scar had become less visible overtime and that it is now barely visible.
She said it was her opinion that €22,000 represented the value of Ross’s case before recommending it to the court.
Judge O’Connor approved the offer from Siofra Limited and L’oreal (Uk) Limited trading as La Roche Posay (third party).