Judge concerned over delay to periodic payments legislation

A HIGH Court judge has expressed serious concerns about the State’s delay in introducing promised legislation allowing for a life-long system of periodic payments for people with catastrophic injuries.

Mr Justice John Quirke said yesterday the informal approval by the courts of periodic payments in a number of cases over the past year – in anticipation the legislation would be promptly introduced – had saved the State “tens of millions” of euro but seriously ill people would be in an unsatisfactory situation unless the State made its intentions clear.

It was important the laws be speedily introduced or the courts may have to revert to sanctioning lump sum payments involving greater expense for the State and HSE, he warned.

His remarks should be communicated to the State and HSE, he told lawyers for those parties, and he wanted to be told what the State intended to do next October when he would be updated on the situation of several persons with catastrophic injury.

He made the remarks after listing several cases before him in which interim payments or periodic payments orders were approved for seriously injured persons in anticipation the necessary legislation would be introduced.

The cases included that of Bríd Courtney (8), of Killeacle, Ardfert, Co Kerry, who suffered severe injuries and brain damage as a result of alleged negligence in the circumstances of her birth at Tralee General Hospital. She secured €2 million last year in part settlement of her High Court action against the HSE. That settlement was made without admission of liability.

Additional payments to meet future care of the girl will be assessed later under the periodic payments system and it was on that basis Mr Justice Quirke had approved the partial settlement and adjourned the proceedings for two years.

Another case involved Elaine Lennon (36), an award-winning part-time opera singer who is now severely disabled as a result of failure to properly diagnose that an infection in her brain was the cause of her headaches. She secured €2.39 million in an interim damages settlement at the High Court this year.

Ms Lennon, formerly of Newhaven Bay, Balbriggan, Co Dublin, had sued the HSE and Dr Patrick Mathuna, a GP at Castle Mill Medical Centre, Balbriggan. Liability was admitted by both defendants.

In approving that settlement, Mr Justice Quirke told Ms Lennon she would benefit from the expected legislation to provide for periodic payments.