A firefighter who claimed he contracted Weil's disease after cutting his hand while involved in a rescue course on the river Liffey has settled his High Court action.
Weil's disease is a potentially fatal infection carried in the urine of rats which can contaminate water or other places frequented by rodents. The action was taken against Dublin City Council which employed Gerard Byrne, Macetown, Tara, Co Meath. The council had denied negligence and pleaded contributory negligence.
After talks between the sides yesterday, Declan Doyle SC, for Mr Byrne, said the case had been settled. Mr Justice John Quirke agreed to make an order striking out the proceedings with costs to Mr Byrne.
Mr Byrne had claimed that while engaged in a "swift technician rescue course" as part of his employment on the river Liffey on October 3rd, 2002, he had cut his hand. He claimed he continued to enter and exit the water over the course of the day, as a result of which he contracted leptospirosis (Weil's disease).
He claimed his employers failed to take cognisance of Eastern Health Board signs upriver confirming the presence of leptospirosis. He also claimed all course participants should have been required to wear gloves.
It was further claimed that Mr Byrne should have been immediately taken from the course when it was made known to his supervisor that he had cut his hand.
Blood tests taken in February 2006 showed Mr Byrne suffered from pernicious anaemia, it was claimed. In May 2006, he was admitted to Beaumont Hospital for investigations of fatigue. The results showed he suffered from chronic cardiac dysfunction related to a diagnosis of leptospirosis, it was claimed.
Dublin City Council denied the claims and pleaded that if Mr Byrne did suffer a cut to his hand, he had failed to notify the personnel in charge of the exercise.
The council also denied it was guilty of any negligence, breach of duty or breach of contract. The defence pleaded contributory negligence by Mr Byrne in that he failed to exercise due care and attention and failed to seek assistance when he cut his hand.
The council had also pleaded Mr Byrne failed to heed advice in relation to river-borne contaminants and the seeking of medical attention.