The High Court yesterday approved a settlement of £3.25 million in favour of a boy who has cerebral palsy and is profoundly physically handicapped as a result of alleged negligence in the circumstances of his birth. The award is believed to be the highest in a personal injuries action.
Seoirse Lawton, now 13, had sued through his mother, Mrs Alice Lawton, of Knockaun, Newtown, Tramore, Co Waterford. The settlement was without admission of liability.
Afterwards Mrs Lawton said money could not recompense her son for what he had lost. He would give it all back for one day of normality in his life.
The action was against a nominee of Airmount Maternity Hospital, Waterford (where Seoirse was born on August 3rd, 1986), and a consultant obstetrician and gynaecologist, Dr John Gallagher, who practised at the hospital in 1986.
The South Eastern Health Board was also named as a defendant, but Mr Justice O'Donovan was told the action against it could be struck out. The defendants denied the claims.
The court was told Seoirse will remain permanently and physically handicapped and will need constant care and medical attention. He is attending Marino Clinic, Bray, during the week and goes home at weekends. It was hoped to buy a home in the Co Wicklow area to allow Seoirse go to and from the clinic daily.
Mr Denis McCullough SC, for Seoirse, said £250,000 of the settlement was for general damages. That was the only part of the sum which would go to the boy. The remainder was to repay for care to date and to pay for the care which he would need for the rest of his life.
There was a conflict in relation to his life expectancy, but the figure on which they were working was 50 years, counsel said.
Counsel said Seoirse became distressed when he had to leave home to return to Bray after the weekends. He cried and exhibited distress and emotion at being separated from the family. He came from a very caring family. It was felt it would be in his best interests that he would be able to go to the clinic from his home on a daily basis. The cost of buying a house in Co Wicklow could be £400,000-£500,000.
Approving the settlement, Mr Justice O'Donovan paid tribute to Seoirse's parents for the way they had cared for him. The judge said it was a tragic case, but added that if the child had any luck it was the parents he had. He would be an awful lot worse off were it not for his parents and what they had done for him.
The judge approved a payment of £50,000 to the parents in part-recompense for their care and all they had done for him to date. He said that was not intended as full compensation, and further application could be made to the president of the High Court. A
sum of £10,765 is to be paid out to cover the cost of alterations for Seoirse in the existing home, while £40,000 was allowed towards travel expenses to date.
Mr McCullough said Seoirse's father had retired from his employment to look after him. His mother had been in the Civil Service and taught music. The whole family were extremely musical. They had given an extraordinary amount of time to Seoirse. They were not themselves looking for money and were only concerned that Seoirse should be properly looked after.
Outside the court, the boy's parents, Mr John Lawton, a retired garda, and Mrs Alice Lawton, said he could speak with the assistance of a computer. The boy was highly intelligent and could use a communication aid. There are three other children in the family, Grainne (20), Sean (17) and Roisin (8).
An application is expected to be made at a later stage to have Seoirse appointed a ward of court.