A carpenter who lost his right arm in a sawmill accident is hoping to have a €2million “bionic arm” fitted, the High Court has heard.
Andrzej Stefanowicz, of Boolteens East, Castlemaine, Co Kerry, was seriously injured when he was changing settings on a saw machine at Spellmans Timber, Kilcummin, Killarney on March 12th, 2018, it is claimed.
He has sued the company claiming, among other things, negligence and breach of duty as his employer. The claims are denied.
The court heard the case had been listed for hearing next week but there were issues about contributory negligence and about a claim for some €2 million for fitting Mr Stefanowicz with a state-of-the art electronic prosthesis which will enable him to regain some mobility.
Solicitors for the defendant had only come on record last week and time was sought for them to get their own experts, which meant the case should not go ahead next week.
Mr Stefanowicz’s counsel Liam Reidy said his clients entire arm was lost, which presents a problem in relation to prosthetics because there is nothing to anchor one to.
He has been advised by experts in London that he is suitable for what has been described as a form of “bionic arm”, which would see bone from his thigh used to create a hook for the prosthesis.
Anxious
Mr Reidy said his side were anxious for the case to be heard quickly because Mr Stefanowicz’s wife says his mood has not been good due to his injury. They have two children.
Asked by Ms Justice Deirdre Murphy, given a certain liability had been accepted by the defendant, if the plaintiff could get some treatment pending the hearing, Mr Reidy said he could because the process takes six months. He said an up-front payment would allow the initial treatment to take place.
A doctor had advised further adjournments of the case would cause a worsening of his mental health and it should be treated as an emergency case, counsel added.
Declan Buckley SC, for Spellmans, said his side were not blind to the plaintiff’s situation and would like to alleviate any hardship he is suffering, but it was their intention to have their own expert look at the issue of a bionic arm.
The cost of it accounts for €2 million of the €3.5 million special damages being sought by Mr Stefanowicz and this “skewed the value” of the case, he said.
They needed time for their expert to look at the matter and while an up-front payment could be made, the difficulty was it might go towards the surgery for this prosthetic arm when their expert may say he does not need the surgery.
Tantamount
Mr Buckley agreed with the judge that what he was saying was that an up-front payment towards treatment for the bionic arm would be tantamount to an acceptance that was required. He said his side would expedite the matter.
Mr Reidy said he could not agree to an adjournment and a further assessment of his client had to take place before any surgery is performed in any case. He sought a €50,000 up-front payment for this, after which a new date could be fixed for the hearing. The judge suggested experts for both sides get together for the next assessment.
Following talks between the lawyers, the judge was told the Spellmans side had agreed to pay the €50,000 up-front and the case could be adjourned to May.