A woman who suffered an injury to her right shoulder and neck because of a metal container falling from a height from a defective roller trolley has been awarded €275,703 in damages.
The injury happened in a contact lens factory Bausch and Lomb in Waterford on May 30, 2015.
Margaret Reid (62), a mother of four from Kilmacow, Co Kilkenny, sued Valeant Pharmaceuticals Ireland and the high court has awarded her damages.
According to Waterfordnews.ie, Valeant denied negligence and argued she had exaggerated and misstated her injuries.
Margaret was tasked as an automonomer operator to run machines, which make contact lenses in the injection moulding department.
She was taking blocks of cassettes of lens moulds, known as “towers”, from a series of roller tracks on a large, wheeled trolley.
During one of her shifts, a tower suddenly fell from one of the upper levels off the rack and struck her forcibly on the right shoulder.
She told the court that she had an active lifestyle before the accident but her injuries affected her independence to the extent she had to ask somebody to drive her everywhere as she “drives very little”
Ms Reid also argued that the physical injuries impacted her mental health.
Justice Mícheál P O’Higgins found the defendant liable for the accident saying Valeant should have taken practical and proactive steps to reduce the risk of possible failure of safety stoppers on the trolley involved.
The judge said medical evidence stated it appeared she developed a mechanical musculoskeletal type of injury and, in addition, developed right-sided neuropathic pain for which she required surgery.
Complications arose after the surgery and it transpired that she had vocal cord palsy, affecting her voice.
The judge said Ms Reid’s lawyers argued that damages should lie in the region of €325,000 to €375,000 but she was awarded €275,703.
She was entitled to general damages of €225,000 and the agreed special damages (for medical bills) of €50,703, making a total award of €275,703.
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