The Courts have approved a settlement for an injury caused to Amelia Duhy, a baby girl by a product defect in a dress and pants baby outfit made by designer Ralph Lauren. The action was taken by the baby’s mother on her behalf.
The injury took the form of a persistent rash, which the baby’s GP felt was not consistent with that of an allergy or any type of bruising. She was referred to a Consultant Plastic and Reconstructive Surgeon, Dr David O’ Donovan.
An elastics expert was instructed by the Plaintiff’s. He believed that the particular type of elastic that was used by the manufacturer around the leg area was a stronger elastic that that that would be found in clothes made for adults. It should be noted that the consultant paediatrician was of the opinion that the injury was caused by a “tight constriction band” leaving the Ralph Lauren Outfit as the only possible cause.
However, surgery was not ultimately required as following two and a half years of applying Bio-Oil there was no scar remaining.
Ralph Lauren denied its liability for Amelia´s injuries and entered a full defence. The Company eventually made an offer of settlement of €17,500. Given that the Plaintiff was a minor the settlement first had to be approved by a Judge.
Mr Justice Raymond Groarke in the Circuit Civil Court heard the application for the approval of the settlement. The Judge approved the settlement in relation to the faulty product, as no surgery was required and the scarring was completely healed.
