A young man who is in a permanent vegetative state after getting into difficulties in a swimming pool in Cork city is to receive €750,000 in settlement of his High Court action.
When ruling on the settlement yesterday, Mr Justice Johnson noted that a cardiologist who had submitted a report for the defence had stated that, even if he had had a full team at the poolside in January 1998 at the time of the accident which befell Mr Ian Murphy, he did not believe they could have done anything for him as he believed he had sustained brain injuries while swimming underwater.
The judge said the report was "devastating" and one of the strongest he had ever seen from a medical witness. In those circumstances, he had no hesitation in approving the settlement of €750,000 plus costs.
The judge also remarked that his own nephew had also died in a swimming pool. What had happened to Mr Murphy was tragic and a most unusual occurrence which seemed to happen particularly to young boys and young men, but there would have to be strong evidence to overcome the cardiac surgeon's report, he remarked.
Mr Murphy, through his mother, Joy, of Sandown Crest, Togher, Cork, had taken proceedings against Cork City Council and Sport Ionad Réigiúnach Chorcaí Teoranta, trading as Leisureworld, Model Farm Road, Cork.
The defendants denied negligence or liability for the alleged injuries sustained by Mr Murphy while swimming at the Leisureworld complex on January 28th, 1998.
When the case was opened on Tuesday by Mr Michael O'Donoghue SC, counsel said Ian got into difficulties while swiming across the pool underwater and was taken to the side of the pool where lifeguards and other swimmers administered CPR (cardio-pulmonary resuscitation) and chest massage before Ian was brought to Cork University Hospital. At the hospital, he was diagnosed with hypoxic brain injury and is now in a permanent vegetative state from which he is not expected to recover.
Ian has been under the care of the Southern Health Board at St Finbarr's Hospital in Cork since 2001 and is expected to remain there for the rest of his life. The court heard his family hope that, with appropriate alterations to their home, he may come home at weekends.
The court had been told there would be conflict regarding many matters in the case, including a very serious controversy about to what extent Mr Murphy might have suffered a hypoxic injury to the brain underwater. There would also be conflict about when the lifeguards got to him first and how they responded to the situation.
In asking for the settlement to be ruled on yesterday, Mr O'Donoghue said he had estimated the value of the case on paper as some €6 million, which included meeting the costs of the SHB maintaining Mr Murphy for his life. He was expected to survive into his 40s.