By Gordon Deegan

A judge has granted personal injury damages of €60,000 to a butcher against Halal meat operator, Asba Meats Ltd., arising from injuries sustained when a sheep bone pierced the worker's right hand on a meat factory ‘kill floor’ three years ago.

At Ennis Circuit Court, Judge Francis Comerford has awarded the damages to Wender Goncalves Da Silva (41) of Baldwin Street, Mitchelstown, Co. Cork after hearing that the worker required three separate surgical operations for his hand.

Mr. Da Silva told the court that he is no longer able to carry out similar work due to the impact of the “deep penetrating injury” which he sustained at the Asba Meats Ltd’s Shannon plant on October 11, 2022.

Making the decree for €60,000 against Asba Meats Ltd., Judge Comerford said that Mr. Da Silva had “suffered a very nasty injury”.

Judge Comerford said that the circumstances of Mr. Da Silva sustaining the injury were “traumatic” and the initial injury “became far, far worse with a very serious infection developing, doing significant damage to the hand”.

He said that the impact on Mr. Da Silva’s hand has been “far more widespread including a significant loss of function in three of the fingers of his right hand, which was his dominant hand”.

Judge Comerford said that treatment was involved, prolonged and went over a long period of time involving three surgeries.

He said that there has not been a complete recovery and a doctor’s report indicates that Mr. Da Silva has done everything he can to return to work and has tried to rehabilitate his injury as much as he can.

Judge Comerford said that Mr. Da Silva’s ability to work will be impacted for the rest of his life.

Injuries

In the case, Mr. Da Silva was represented by barrister, Niamh Ní Leathlobhair (instructed by solicitor, Julie Sadlier of Murray Flynn Solicitors).

In evidence, Mr. Da Silva said that he sustained the injury caused by a piece of sheep bone while boning the front part of a sheep carcass on the morning of October 11, 2022 at the 'kill floor' of the Asba Meats plant.

The sheep bone piece pierced a middle finger on Mr. Da Silva’s right hand.

The following day, Mr. Da Silva presented at Ennis General Hospital and was referred to University Hospital Limerick where he waited the whole night but was further referred to the Plastic Surgery Department at University Hospital Galway where he remained for one week.

Speaking through an interpreter in court, Mr. Da Silva said that medics in Galway told him that if they were not able to contain the infection “they would have to amputate the hand so they gave me a lot of medicine”.

Mr. Da Silva also required skin grafting from his abdomen due to the amount of localised skin destruction and loss of tissue in his right hand.

There was no appearance from Asba Meats in court and Ms. Ní Leathlobhair told Judge Comerford that the company is in receivership.

A media report on Thursday stated that the company continues to trade.

Asked by Ms. Ní Leathlobhair how his hand is now, Mr. Da Silva explained: “If I put my hand down, I feel pain so I have to always keep it elevated.”

Asked about using his right hand for washing or everyday domestic chores, Mr. Da Silva said that he uses it very little.

The barrister said that a medical report stated that Mr. Da Silva’s hand injury “required intensive intervention, surgical procedures, intravenous antibiotics and a prolonged period of immobilisation”.

Ms. Ní Leathlobhair said that initially Mr. Da Silva was out of work for seven to eight months and today cannot do the type of boning work he was able to carry out prior to the injury.

She said that Mr. Da Silva subsequently got a job in a butcher’s shop and worked as a janitor. He now works as a valet car worker.

In court Judge Comerford left his bench to get a close-up of the residual "significant scar" on Mr. Da Silva’s right hand while Mr. Da Silva sat in the near-by witness box.