Micheál’s surgical negligence claim settled for €235,000
Micheál injured his ankle to a degree which he required surgery to repair it. He underwent surgery that initially appeared to go well; however, he suffered a post-operative infection. The...
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Arron’s mother, Helen, contacted Augustus Cullen Law with a view to sue the Health Service Executive (HSE), which is responsible for the running of a hospital in Cork, on behalf of her son.
Joice Carthy was instructed with the case.
There were complications when Helen was giving birth, leading to Arron’s diagnosis of cerebral palsy.
Arron’s condition was caused by a lack of oxygen to the brain, which occurred during his mother’s labour and delivery. Despite early signs of foetal distress, an emergency caesarean section was not performed until it was too late, leading to Arron’s severe condition.
Arron’s life has been significantly impacted; he experiences frequent epileptic seizures, has limited speech and can only walk a few steps with assistance. His ability to attend school is also severely restricted.
The Court heard that the HSE was negligent and in breach of duty at the time of Helen’s pregnancy.
The HSE conceded liability, acknowledging that their negligence during the pregnancy, the induction of labour and the delivery process directly resulted in Arron’s cerebral palsy.
The settlement was reached during pre-trial settlement talks, avoiding the need for a full trial. The matter settled for €15 million, this follows two previous interim payments of €2.6 million bringing the total amount to €17.6 million.
As highlighted by the High Court Judge who approved the settlement, the majority of the compensation will be used to provide for Arron’s care and therapy throughout his life.
Joice Carthy noted the importance of resolving the case through settlement talks, highlighting that this approach spared Arron’s family the stress and uncertainty of a trial.
“I think it is worth noting that this particular case was settled during settlement talks, facilitated by the defendants, which took place well in advance of the trial date. This avoided the need for Arron’s family to have to go through a full trial with the stress and worry that invariably entails. Reaching a resolution at settlement talks or mediation, which reduces the worry for families such as Arron’s, is better for and appreciated by those families, in what can often be a contentious legal process.”
If you or a loved one has experienced medical negligence, you may be entitled to compensation. Learn more about our birth injury services at Cerebral Palsy Claims or Contact Us to speak with an expert like Joice Carthy.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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