A carpenter who lost his right arm in a sawmill accident is hoping to have a €2 million "bionic arm" fitted, the High Court heard.
Andrzej Stefanowicz, of Boolteens East, Castlemaine, Co Kerry, was seriously injured when he was changing saw cut settings on a machine in the Spellmans Timber premises in Kilcummin, Killarney, Co Kerry, on March 12th, 2018, it is claimed in court proceedings.
He has sued Spellmans 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 €2m for fitting Mr Stefanowicz with a state-of-the art electronic prosthesis which will enable him to regain some mobility.
New solicitors for the defendant had only come on record last week, and they needed time to get their own experts which meant the case should not go ahead next week.
Prosthetic problem
His counsel Liam Reidy said the entire arm was pulled out and this presents a problem in relation to prosthetics because there is nothing to anchor a prosthetic on to.
He has been advised by experts in London he is suitable for what has been described as a form of "bionic arm". His counsel said it involves taking a bone from his thigh which will then be used to create a hook for the electronic prosthesis.
Mr Reidy said his side were anxious for the case to get on quickly because Mr Stefanowicz’s wife said his mood had not been good due to his injury. The couple have two children.
Asked by Ms Justice Deirdre Murphy could he not, given that a certain liability had been accepted by the defendant, get some of the treatment pending the hearing, Mr Reidy said he could because the treatment takes six months to complete.
Upfront payment
An upfront payment to him to allow that initial treatment take place might meet the case until the hearing takes place, counsel said.
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 said.
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 the bionic arm. The cost of it accounts for €2 million of the €3.5 million special damages being sought by Mr Stefanowicz and this had "skewed the value" of the case, he said.
They needed time for their expert to look at the matter and while an upfront payment could be made, the difficulty was that it might go towards the surgery for this special prosthetic arm when their expert may say that he does not need this surgery.
Tantamount to acceptance
Mr Buckley agreed with the judge that what he was saying was that an upfront payment towards treatment for the bionic arm would be tantamount to an acceptance that it was required.
Counsel also said his side would expedite the matter and had already made contact with four experts, one on whom had accepted.
Mr Reidy, for Mr Stefanowicz, said he could not agree to an adjournment and said a further assessment of his client had to take place before any surgery is performed in any case. In those circumstances, he sought a €50,000 upfront payment for this after which a new date could be fixed for the hearing.
The judge suggested experts for both sides could 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 upfront and the case could be adjourned to May, on consent between the parties.
