Case of boy with brain injuries settled

The High Court has approved a settlement of €600,000 for a man who sustained severe brain injuries and underwent a personality…

The High Court has approved a settlement of €600,000 for a man who sustained severe brain injuries and underwent a personality disorder after being struck by a car when he was 13.

However, although Mr John McManus will require specialised treatment into the future at an estimated cost of more €2.5 million, Mr Justice Johnson said he could not make an order directing that such treatment be provided because there was no suitable place to treat him in Ireland.

While suitable treatment could be provided in England, the only way that could be done was for an English health board to apply to have him committed in England.

The case was taken by Mr McManus, through his mother, Ms Geraldine McManus, Fitzgerald Place, Fermoy, Co Cork, against the driver of the vehicle involved in the accident, Mr Robert Walsh, of Glenabo, Fermoy.

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The case was settled on the basis of 80 per cent liability on the part of Mr McManus and 20 per cent against Mr Walsh. There will be an application to have Mr McManus made a ward of court.

Mr Gerald Tynan SC, for Mr McManus, said his client was crossing a street in Fermoy on October 31st, 1996, when he was struck by a vehicle and thrown into the air. His head hit the windscreen, breaking the glass, and he was taken to hospital. He was later found to have severe brain injury and a disturbance of his speech function and discharged home on November 21st, 1996.

He had been referred to a psychiatrist because of disruptive behaviour at school and at home and lost his temper easily. There was a significant alteration in his personality and in his intellectual capacity and it seemed likely he would have permanent brain damage and was also at risk of delayed post-traumatic epilepsy.

In his defence to the claim, Mr Walsh denied liability and pleaded that if Mr McManus suffered the alleged personal injuries, loss and damage, which was denied, it was caused by his own negligence by running in front of the vehicle.