A former Limerick senior hurler has been awarded almost €950,000 in damages after taking a case against pharmaceutical firm Johnson & Johnson over a 2018 workplace accident.
Mark Keane won three consecutive All-Irelands with Limerick’s under 21s between 2000 and 2002 and played at senior level from 2000 to 2006.
He took a case against Johnson & Johnson Vision Care (Ireland) over a September 10th, 2018 incident at the company’s plant in the National Technological Park, Plassey, Co Limerick.
The 43-year-old alleged Johnson & Johnson was negligent and breached its duty of care towards him on the day while he was working as a technician making contact lenses. He alleged the company failed to provide him with a safe place and system of work.
Trump tariffs may be divided into different bands depending on country and industry - report
Court suspends Dublin Airport passenger cap beyond summer
‘It’s time to move on’: Unease is growing among my friends in the tech sector
Ireland’s remote islands: Only 29 apply for €84,000 grant aimed at attracting residents
HOMS Assist, solicitor for Mr Keane, submitted that the incident caused the plaintiff to suffer sustained, continuous and severe personal injury, PTSD, as well as loss, damage, inconvenience and expense.
Lawyers for Johnson & Johnson said the company “absolutely” accepted responsibility for the injury Mr Keane suffered in the form of the nerve damage and injury to his right hand but did not accept responsibility for his claim of injury to his right shoulder.
Mr Keane, of Raheen, Ballyneety, told the High Court he was on the factory floor when a colleague caught their hand in a machine on the line next to him and started “roaring” in pain.
He said he ran to help his colleague but because the man could not free his arm, his body formed a barrier between the plaintiff and a release lever.
Mr Keane told Mr Justice Paul Coffey he tried to reach into the machine but got his own hand caught on some internal gridding, or railing, and the little finger on right hand was bent backwards.
He then took the weight of the lid, top and plate of the machine and managed to hold it ajar for 30-60 seconds until co-workers arrived with a crowbar and freed the coworker.
Michael McMahon SC, for Mr Keane, said his client could not find work because the injury affected the nerves in his hand and damaged his elbow, shoulder and back.
Mr McMahon said his client was a “rescuer” on the day but instead suffered “a very serious injury” that caused “extensive, ongoing damage”.
Counsel said the “net result” of the incident was his client, once a “very fine hurler”, was left with a painful, frozen shoulder and suffered pain up and down his arm. He said the damage to Mr Keane’s hand resulted in a loss of grip.
Mr McMahon said the injury had huge implications for his client, who could now not get a job and would have been earning €1,300 a week, net, if still working at Johnson & Johnson.
In his judgment on Tuesday, Mr Justice Coffey awarded Mr Keane €944,074.46 in damages for his injury.
The judge said he preferred the evidence from the plaintiff about a causal connection between the trauma of the incident and the emergence of symptoms in the plaintiff’s right shoulder, which had no been an issue previously.
Mr Justice Coffey awarded €135,000 for general damages, €408,943.50 for future loss of earnings, €154,605 for loss of earnings since the accident with the balance of the award made up of the loss of pension rights, special damages and medical costs.
Mr Justice Coffey said the incident had a “profound impact on the plaintiff’s psychological wellbeing and family life, leaving him feeling emotionally and mentally devastated”.
“His wife, Karen, testified that the accident has completely changed him, and she now worries everyday for his wellbeing.”
Before the incident, the judge said, Mr Keane had overcome alcoholism, rebuilt his career and was financially stable, “but the accident’s impact has left him feeling emasculated, helpless and incapable of providing for his family”.
