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File photo. Cases against the State can often end up in court. Shutterstock/Gail Johnson

Personal injury claims have cost the State €2 billion this decade

The figures were released to Fianna Fáil’s Michael McGrath via parliamentary question.

THE STATE CLAIMS Agency has paid out over €2 billion as a result of personal injury claims since the start of this decade, with over €1.9 billion of this coming from payouts related to healthcare since 2010.

Outside of healthcare, there has been €35 million each paid out over the past 10 years in personal injury cases because of cases related to An Garda Síochána and the Defence Forces while the cost of claims has risen every year bar one this decade.

Payouts in healthcare cases have quadrupled while personal injury payouts from State agencies excluding healthcare have more than doubled since 2010. 

The majority of claims outside of healthcare are defined by the State Claims Agency as “general” claims.

It says: “This includes all incidents relating to exposure to physical hazards, exposure to psychological hazards, exposure to chemical hazards, exposure to biological hazards and crashes/collisions.” 

The issue of payouts in personal injury cases came before the Dáil earlier this month, on foot of an investigation in the Irish Independent which reported some GPs and solicitors were contributing to fraudulent and exaggerated claims.

The Taoiseach acknowledged that insurance premiums and payouts are a “huge concern”, and agreed with Micheál Martin’s assertion that the damages for soft-tissue injuries in Ireland are more than four times higher than the equivalent in the UK. 

As part of overall efforts to reduce the cost of insurance for individuals and businesses in Ireland, the government has set an aim of reducing the payouts made in personal injury cases.

Minister Michael D’Arcy – who has responsibility for insurance – told TheJournal.ie last month that he was working towards his objective of trying to “make sure that we have some of those awards down on the employer liability and public liability side of things”.

He said that a great many of claims made are genuine, but fraudulent or exaggerated claims were a concern.

And, last week, a report from the central bank highlighted that the average cost of motor insurance has risen by 42% in the last decade in Ireland despite a 2.5% reduction in the average cost of individual claims over the same period.

While it’s argued that businesses and individuals have felt higher premiums on the back of high payouts for personal injury claims here, the State has also seen the value of claims rise against it over the past decade. 

The figures were released to Fianna Fáil’s finance spokesperson Michael McGrath via a parliamentary question. 

In 2010, excluding healthcare, personal injury payouts amounted to €9,694,371. In the first 11 months this year, that figure was €23,296,585.

As indicated, cases against the gardaí have amounted to almost €35 million, with over €3 million paid out each year. In the Defence Forces, personal injury payouts have risen sharply in the last few years with over €6 million paid out last year and €5 million in the first 11 months of this year.

Other State bodies against which personal injury payouts have been made in the past ten years include:

  • Irish Prison Service – €27,015,593
  • Tusla – €19,681,104
  • Office of Public Works - €9,102,920
  • Community & Comprehensive Schools - €6,027,506
  • Department of Employment Affairs & Social Protection - €3,015,638

A full list can be found here

The amount paid out in the healthcare sector has risen fourfold in the past ten years, from €81 million in 2010 to €353 million in the first 11 months of 2019.

The vast majority of healthcare payments this decade (€1.6 billion of the €1.9 billion) fall under the “clinical” category. 

state claims agency 2

The State Claims Agency says that “this category includes incidents relating to the provision of services of a diagnostic or palliative nature”.

“It also includes incidents relating to the provision of treatment. Incidents present in this category will be related to clinical procedures, birth specific procedures, medication incidents, or nutrition/blood related incidents,” it adds. 

In releasing these figures, Minister for Finance Paschal Donohoe said that the payments made cover damages, legal fees and other expert costs.

“Personal Injury includes incidents related to a person only, which includes service users, staff and members of the public,” he said. “This excludes property damage, crash collision and non-crash collision claims but includes personal injury claims related to crash collisions.”

Figures obtained by TheJournal.ie show that over 100 cases have been taken this year, with the State Claims Agency listed as the representative for a government department or State agency, in keeping with the statutory function of the agency.

High-profile cases in which the agency represented State bodies in recent years include court actions taken by women affected by the CervicalCheck scandal when the agency acted on behalf of the HSE.

Speaking before an Oireachtas Committee after the case of Vicky Phelan came to light, the State Claims Agency director Ciaran Breen said that the case “should never have been before the courts”.

He told the same committee that “we have for a very long time told all of our agencies and hospitals that they should practice full open disclosure”.

A new bill published by Health Minister Simon Harris this month would provide a framework for mandatory open disclosure.

Harris said: “I want us to have a culture of open disclosure, where health practitioners are supported and where patients’ voices are heard.

It is so important that when things go wrong, a sincere and genuine apology is offered; that there is an understanding of what has happened; and an assurance that what happened will not happen again.

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    Mute mcbab
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    Oct 1st 2014, 8:04 AM

    Good news for Limerick. A good range of jobs too. This is what the government are busy doing getting businesses to invest in Ireland while the media only want to report ‘scandals’. Good news never makes the headlines unfortunately.

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    Mute AN other
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    Oct 1st 2014, 9:12 AM

    Hopefully it’s not like the fake jobs announcement from Ethicon/Vistakon a few months ago

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    Mute Theresa Kavanagh Connell
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    Oct 1st 2014, 8:06 AM

    140 new jobs over the next three years!! I won’t pop the champagne just yet.

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    Mute Ross MacCárthaigh
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    Oct 1st 2014, 10:17 AM

    Sound like good jobs and if every big business added 140 jobs it’d add up pretty fast…. probably not as good as your “work from home” jobs though…

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    Mute Shane Hickey
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    Oct 1st 2014, 8:13 AM

    Are these “New” jobs or are they contractors being made permanent?

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    Mute Shane Hickey
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    Oct 1st 2014, 8:24 AM

    Red thumb as much as you like but it’s a pertinent question. I’ve heard of a big announcement recently in Limerick for 90 new jobs but the reality was the jobs were already filled by existing contractors

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    Mute David Evans
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    Oct 1st 2014, 8:34 AM

    I agree, it’s a valid question to ask. It doesn’t necessarily mean that 140 unemployed people will be filling new positions over 3 years.

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    Mute Catherine Sims
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    Oct 1st 2014, 8:59 AM

    That’s very true Shane there really wasn’t any ” new” jobs at all .

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    Mute Tequila Gold
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    Oct 1st 2014, 8:03 AM

    Those jobs should really be moved to Dublin

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    Mute Marc Walsh
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    Oct 1st 2014, 8:06 AM

    Why

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    Mute Colm Connolly
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    Oct 1st 2014, 8:13 AM

    Because he is a troll and there always right

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    Mute Banga Ncube
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    Oct 1st 2014, 9:05 AM

    Here, there, everywhere.

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    Mute SeanieRyan
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    Oct 1st 2014, 11:11 AM

    Troll.

    The cost of locating them in Dublin is too high.

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    Mute Winston Teardrops
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    Oct 1st 2014, 10:04 AM

    It’s a good news and not a bad news story.
    Nice stock image of the place too from the Clare hills.

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    Mute Simon Barnes
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    Oct 1st 2014, 8:41 AM

    There is a big movement against IW going on in this country that the media does not wish to report on, Instead they make satire articles of the issue.
    People should not return any phising packs to IW, don’t engage with them, don’t hand any info over to them. There is very little they can do to force you to pay. They will be swamped in so much paper it will keep them busy till next xmas

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    Mute SeanieRyan
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    Oct 1st 2014, 11:06 AM

    Irish water will find it very easy to make people pay. It may take till next Christmas but you’ll still pay.

    You can oppose Irish water but don’t let some poor eejits get in to a mountain of debt by doing so.

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    Mute Darren Mullen
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    Oct 1st 2014, 10:22 AM

    How many of these are allocated for job bridge?

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