High Court In Dublin Approves €32m Settlement

A High Court Judge in Dublin has approved a total settlement of more than €32m in a case involving a severely brain damaged 9 year old boy. The settlement, the largest of this kind to be approved by the Irish Courts, results from the failure to diagnose an infection when the boy was a baby. An interim payment of €7.4m had previously been made in the case three years ago.

Mr Justice Kevin Cross explained in Court that the majority of the compensation is to pay for complex care, educational and accommodation needs for the rest of the boy’s life. The claimant has cerebral palsy and is quadriplegic. Mr Justice Cross explained that the figure was so high in this case as the boy has a higher life expectancy and “would have to be cared for long after his parents have departed”.

It was explained in Court that when an innocent person is injured it is required that they be put in the same position, as far as money can manage, as they would have been in if not for the incident. The Judge stated the boy was therefore entitled to full care, aids, assistive technology and special education.

McCartan Turkington Breen have represented clients in a number of the largest clinical negligence settlements in Northern Ireland. Should you require any advice or assistance in relation to a potential case, please do not hesitate to contact one of our specialist solicitors.

https://www.rte.ie/news/courts/2019/0508/1048257-high-court-settlement/