On the 7th November 2012 The Medical Negligence team at Cantillons settled a High Court claim for a nine year old girl who was awarded the total sum of €11million.
The Plaintiff sustained injuries during the course of her birth at Tralee General Hospital (Kerry General Hospital), Tralee, County Kerry. The staff at Tralee General Hospital negligently managed her mother`s labour and the Plaintiff's delivery. During the latter stages of labour, the Plaintiff suffered from a circulatory collapse and fetal distress. There was some 49 minutes from when the Plaintiff collapsed in utero before the Plaintiff was born. At birth the Plaintiff required resuscitation and was admitted to the neonatal intensive care unit. The Plaintiff was acutely ill and was not expected to live. However, the Plaintiff's condition stabilised and she was eventually discharged home the following month.
It was subsequently confirmed that the Plaintiff had sustained irreversible brain damage during her birth which has given rise to the condition of cerebral palsy of a dyskinetic / athetoid (profound motor disability) kind with involvement of all four limbs. The Plaintiff is profoundly physically disabled. She has impaired motor function, cannot walk, is wheelchair dependant and has to be bodily lifted for all transfers. The Plaintiff can see, hear and vocalise but she cannot communicate using speech. She communicates by eye pointing. However, her higher faculties have been preserved as she is intellectually intact. The Plaintiff attends mainstream school where she is not only keeping up with her peers but outstripping them particularly in maths wherein she came second in her class last year. Because of her impaired motor function and mobility problems, she is and will always be, dependent upon the care and supervision of others. The Plaintiff will not be able to live independently. She requires and will require for life, Occupational Therapy, Speech and Language Therapy, Physiotherapy and Nursing Care/Supervision. The Plaintiff is very fortunate to be surrounded by a loving, immediate and extended family that has left no stone unturned in order to maximise her potential. The Plaintiff herself is a delightful child with a determined spirit and participates fully in all aspects of school and family life.
On the 2nd November 2010 the Plaintiff received an interim award in the sum of €2 million. The action was adjourned for a period of two years for final determination. It was envisaged that legislation would have been enacted to enable damages in catastrophic injury cases to be awarded on an annual periodic basis. However, no such legislation has been enacted and therefore the claim was brought on for trial for a traditional lump sum award. The trial commenced on the 2nd November 2012 and ran for three days before it was compromised. The terms of the settlement included the interim payment of damages in the sum of €2 million and a further €9 million was offered making the total award €11 million which was approved by Ms Justice Mary Irvine. This award will enable the Plaintiff`s parents to enhance the quality of the Plaintiff's life by purchasing items such as nursing care, aids and appliances, assistive technology and to build a suitable house to accommodation the Plaintiff to cater for her many complicated needs.
Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or [email protected] if you would like more information.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.