Ex-Limerick hurler Mark Keane has been awarded almost €950k in damages for the severe injuries sustained in a workplace accident.
The former GAA star suffered the injuries while coming to the rescue of a co-worker at a Johnson & Johnson plant seven years ago.
Mr Keane had told the High Court that he was “not the man he was, nor the one he hoped to become” because of the injuries and felt “let down” by the famed multinational bluechip company.
An accomplished hurler, Mr Keane won three consecutive All-Irelands with Limerick under 21s between 2000 and 2002 and played senior from 2000 to 2006.
Mr Keane took his case against Johnson & Johnson Vision care (Ireland) over the incident that occurred in September 2018 at their plant in the National Technological Park, Plassey, Co Limerick.
The 43-year-old alleged Johnson & Johnson were negligent and breached their duty of care towards him on September 10, 2018, while he was working as a technician making contact lenses.
Mr Keane’s lawyers, HOMS Assist, submitted the incident caused the plaintiff to suffer sustained, continuous and severe personal injury and PTSD, as well as loss, damage, inconvenience and expense.
Lawyers for Johnson & Johnson had said the company “absolutely” accepted responsibility for the injury Mr Keane suffered in the form of nerve damage and injury to his right hand but did not accept responsibility for his claim of injury to his right shoulder.
Michael McMahon SC, for Mr Keane, said his client had been a “rescuer” on the date but instead suffered “a very serious injury” that caused “extensive, ongoing damage”.
Counsel said the “net result” of the incident was that his client, who had been a “very fine hurler”, was left with a painful, frozen shoulder and suffered pain up and down his arm, while the damage to his hand had created a loss of grip.
Mr McMahon said the injury had huge implications for his client, adding that Mr Keane could now not get a job and that he would have been earning €1,300 a week, net, if he was still working at Johnson & Johnson.
In his judgment this morning, Mr Justice Coffey awarded Mr Keane €944,074.46 in damages for his injury.
CAUSAL CONNECTION
Mr Justice Coffey said he preferred the evidence of the plaintiff that there had been a causal connection between the trauma of the accident and the emergence of symptoms in the plaintiff’s right shoulder, which had no previous symptoms before the incident.
Mr Justice Coffey said the accident had a “profound impact on the plaintiff’s psychological wellbeing and family life, leaving him feeling emotionally and mentally devastated”.
‘COMPLETELY CHANGED’
The judge said: “His wife, Karen, testified that the accident has completely changed him, and she now worries everyday for his well-being.”
Before the accident, he 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,” the judge added.
HOW THE €944K DAMAGES WAS CALCULATED
THE award of €944,074.46 was calculated across multiple categories of damages, as follows:
1: GENERAL DAMAGES (€135,000)
Reflecting the pain and suffering from injuries and PTSD, the general damages cover both physical and psychological long-term hardships.
Mark’s shoulder injury significantly impacts his daily activities, sleep, and overall mental health. The court acknowledged the profound disruption to his life and career.
2: LOSS OF EARNING
- To date (€154,605)
The accident rendered Mark unable to return to his role as a process technician.
Despite repeated attempts at reintegration within Johnson & Johnson, the employer failed to accommodate his physical limitations, forcing him to rely on social welfare.
- Future loss (€408,943.50)
Mark’s injuries reduce his earning potential dramatically. Having been destined for career advancement, he now faces a future in less demanding roles with significantly lower salaries.
3: PTSD & PSYCHOLOGICAL DISTRESS
Post-traumatic psychological damage had perhaps the most profound bearing on Mark’s ability to function both personally and professionally.
Diagnosed with severe PTSD, his experience includes flashbacks, social isolation, and emotional withdrawal.
HOMS Assist secured recognition for the deep mental scars left by the trauma.
4. ADDITIONAL SPECIAL DAMAGES
The remaining awarded amounts included miscellaneous special damages and out of pocket expenses (€24,567.96), future medical expenses for pain management procedures (€11,858), pension losses (€141,780), and future loss of employer-paid health insurance coverage (€67,320), ensuring Mark’s ongoing care and financial stability.
