53756 (23 July 2022)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 53756

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The Tribunal makes an award of €49,728.21.

1. [ ] (“the applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application for compensation under the Scheme, dated [ ], it is stated that the applicant suffered severe personal injuries as a result of an unprovoked assault which occurred at [ ] am on [ ] on [ ]. The applicant does not remember the assault, however, the Gardai are satisfied that the applicant was approached by two males (“offenders”) while he was walking on [ ]. He was punched by one of the offenders and fell to the ground. The offenders than fled, leaving the applicant unconscious on the ground.

3. The incident was investigated by [ ] Garda Station. Unfortunately, the offenders could never be definitively identified from the CCTV footage secured by the Gardai. The DPP directed that no prosecution should follow.

4. The applicant sustained an abrasion to his right temporal area of his head. There was blood noted in the right external auditory meatus. A CT scan revealed a multi-compartmental hemorrhage, sub-arachnoid hemorrhage, small subdural hemorrhage and multiple hemorrhagic contusions to the left temporal lobe. Further x-rays revealed that he sustained a traverse fracture of the right mandible, which required open reduction and internal fixation surgery. He was kept in hospital until the [ ]. The applicant developed hearing loss and tinnitus. The applicant required extensive dental work as a result of the traverse fracture of his right mandible. The wiring used by the maxiofacial surgeons damaged his enamel and he now requires further dental work to fix this.

5. The applicant received extensive medical treatment from maxiofacial surgeons, orthopedic surgeons, audiologist, his dentist and his GP. His GP. Dr [ ], in his report dated [ ], outlines that the applicant had visited him on twenty-eight occasions since the date of the incident. Dr [ ] outlined that the applicant continued to suffer from ongoing tinnitus, vertigo, headaches as well as nerve pain in his teeth since the date of the incident. The applicant takes amitriptyline to manage his nerve pain. He also attends the [ ] in [ ] Hospital for injections into his neck and back. He takes fluoxetine to cope with the distress of the persistent tinnitus. The applicant also takes Vimovo, Prozamel and Stemetil. He will require veneers to his teeth due to the damaged caused when his jaw was wired. Dr [ ] opines that he will require hearing aids indefinitely.

6. The Tribunal notes that the applicant has also claimed the following out of pocket expenses:

Hearing aid costing €3,495 and 6 replacements at 4 yearly intervals (up until age [ ] ) - €20,970

Batteries for the hearing aid at €7.50 per month - (up until age [ ] ) - €2,160

Medication costs (at €50 per month up until age [ ] ) - €14,400

Dental Work - €5,110

Vhi expenses - €18,993.31 (the applicant is obliged under the terms of his health insurance policy to refund these expenses to the Vhi)

Total: €61,633.31

The applicant also claims for the costs incurred in travelling to and from medical appointments. He estimates that he travelled approximately 1,000 kilometres.

7. The Tribunal fully accepts that the applicant was a victim of an unprovoked assault and sustained life-changing personal injuries which are directly attributable to that crime of violence.

8. However, the applicant’s claim is late having been received almost five months after the incident) outside the three-month time limit stipulated at paragraph 21 of the (pre-April 2021) Scheme. Paragraph 21 of the Scheme states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. The applicant was invited to make submissions in the application form outlining the reason(s) for the delay as required under paragraph 21 of the Scheme.

9. The applicant explained the delay by stating that he has sustained a brain injury, loss of hearing and a broken jaw, he was also struggling with tinnitus. It is abundantly clear from the medical reports of Dr [ ] that the applicant sustained significant personal injuries, including a serious head injury including a multi-compartmental hemorrhage, which required in-patient treatment in [ ] Hospital for ten days. His subsequently developed further complications with hearing loss and tinnitus. On top of all of these complications, he had to have surgery to fix a broken jaw, which in turn caused dental complications. His recovery would have been slow and no doubt painful, and he continues to suffer significantly. Therefore, is evident that as a direct result of his injuries, that he was grossly physically impeded in making the application within the requisite timeframe. The applicant progressed the claim as soon as he possibly could. Therefore, the applicant’s circumstances are determined by this Tribunal to justify exceptional treatment and the application is accepted into the Scheme for consideration.

10. The Tribunal makes the following awards to the applicant:

- Hearing aid costing €3,495 and 6 replacements at 4 yearly intervals - €20,970

- Batteries for the hearing aid at €7.50 per month - €2,160

- Medication costs. The current medication costs claimed of €50 per month are not vouched. The only vouchers presented by the applicant refer to the prescription charges incurred of €391. The mean monthly cost is approximately €5.75. The Tribunal awards €391 in respect of these expenses and awards a further €1,656 in respect of the future costs that will be incurred in respect of these charges. Total- €2,047.

- Dental Work - €5,110. This highlights dental work required to teeth on both the left and right, even though it was the right mandible that required surgery. It is understood that both sides of the applicant’s jaw had to be wired as part of the process and the applicant’s doctor had verified that the dental work is attributable to the complications caused by the wiring process. Accordingly, the Tribunal awards €5,110, the full amount claimed.

- Vhi expenses - €18,993.31 (the applicant is directed to repay this sum directly to the Vhi)

- Travel expenses –the Tribunal will allow the maximum civil service rate (Band 1) in respect of travelling expenses 44.79 cents. The amounts to €447.90

Total: €49,728.21

David Culleton

Criminal Injuries Compensation Tribunal

23 July 2022