On the 19th November 2009, the team settled a case for a 39 year old woman, in the sum of €2.5m. The Plaintiff was born with spina bifida and hydrocephalus, which rendered the Plaintiff paralysed around the mid thoracic level but the Plaintiff remained intellectually intact.
She attended main stream school and passed her inter/group certificate and did various secretarial/information technology courses at Waterford Regional Technical College, National Council for Vocational Awards and FáS. The Plaintiff was a vibrant woman with immense social skills. She had a large circle of friends and she led a full and "active" life, up until 2003.
In July 2003, the Plaintiff started to develop seizures, however, the treating hospitals failed to diagnose and treat the seizures as epilepsy. As a consequence of that failure, the Plaintiff, on the 6th of September, 2005 went into status epilepticus, which was poorly managed and not brought under control in a timely fashion. As a result, the Plaintiff sustained hypoxia (lack of oxygen during the prolonged seizure) and this lead to brain damage. This injury left the Plaintiff with a profound disturbance of recent recall, which constitutes a severe disability which is irreversible. In addition, the Plaintiff's physical disabilities become more profound and she was no longer able to assist in carrying out her activities of daily living.
As a consequence of the mental and physical deficits which have arisen as a direct result of the negligently acquired brain injury, the Plaintiff's care requirements manifestly increased and she now requires nursing care/supervision on a twenty-four hour basis whereas previously, she would only have needed assistance with some of her activities of daily living.
Accordingly, on behalf of the Plaintiff, we claimed the over and above costs of care associated with the acquired brain injury. The trial was due to commence on the 19th November, 2009, but was compromised by way of negotiated settlement on the 18th November, 2009, in the sum of €2.5m which was approved by Mr. Justice Quirke.
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