THE HIGH Court has awarded €70,000 damages to a sales and marketing manager over a botched hair transplant which left him disfigured.
Mr Justice John Quirke made the award to Niall Clancy (32), Scholarstown Park, Rathfarnham, Dublin, over the procedure which was carried out in the UK on January 12th, 2004.
The award included €30,000 general damages plus €40,000 for medical expenses to repair the damage.
Mr Justice Quirke also said Dr Maurice Collins, the surgeon who treated Mr Clancy after the transplant, had given him “very poor advice” not to have reconstructive surgery until after the court case was completed.
Mr Clancy had alleged negligence and breach of duty by Volu-Med Ireland Limited, Greenmount House, Harolds Cross Road, Dublin, described as a business which specialises in dealing with scalps, and the Nobel Clinic (UK) Bell Walk House, High Street, Uckfield, East Essex, which performed the procedures.
Both defendants had accepted liability and the case was before the judge for assessment of damages only. The award was against both defendants.
In his action, Mr Clancy said he paid Volu-Med an agreed €7,000 for a hair transplant which was then carried out by the Nobel Clinic in the UK.
He said the procedure was not a success, left him disfigured, scarred and failed to stop his balding.
He had returned home the day after the procedure but was unable to see because of the swelling around his eyes and forehead. He had stayed in his bedroom for about a week and did not leave the house for two weeks.
As a result of the operation, he would always wear a hat when playing golf and he found that work and socialising could be very humiliating, he said. The judge said the defendants’ negligence had a lasting detrimental effect on Mr Clancy for more than five years but that this could have been undone by the end of 2008.
The judge noted Dr Maurice Collins, a consultant surgeon and specialist in hair restoration who described himself as an employee with Hair Restoration Ltd, treated Mr Clancy between 2005 and 2008.
Notes recorded on behalf of Mr Collins indicated he had in February 2007 “advised against repair work before the legal action is settled”.
Had it not been for that poor advice from Dr Collins, the necessary repair work could have been completed by 2008, the judge said.
In the court’s view, the cost of Mr Clancy’s past and future treatment and medical advice should be covered by €40,000, the judge ruled.