The High Court has approved an offer by the State to pay an interim sum of €1.6 million for a teenage boy with cerebral palsy in part settlement of his action over alleged negligence in the circumstances of his hospital birth.
The case, in which the State is indemnifying the hospital and doctor being sued, may be the first where a system of phased payments aimed at providing lifelong care in such cases will be introduced.
Mr Justice John Quirke, a long-time advocate of a system of phased payments rather than the existing system of “lump sum” one-off payments, yesterday approved the interim payment for Connor Corroon (15) and adjourned the case to October 2011 by which date he hoped the system of phased payments would be in place.
The judge said the €1.6 million offer from the State, which is indemnifying the defendants, was a good offer. Even if the system of periodic payments was not in place by October 2011, the case would resume where it had left off and the interim payment would ensure Connor would not lose out, he said.
Addressing the parents concerns and initial reservations about the offer, the judge said he did not believe the system involving lump sums was working.
The judge said a system of index linked periodic payments is preferable to the current system whereby a lump sum is paid to plaintiffs who are usually made wards of court and have the money invested on their behalf. That investment is made with the hope it will provide a return to cover the costs of providing care but it was subject to economic circumstances.
One only had to imagine if a lump sum payment had been invested in shares of Anglo Irish Bank several years ago, he remarked.
“How much would it be worth now?”
Connor, through his mother Judith Mary Corroon, Copestown, Mallow, Co Cork, had sued City General Hospital, Cork, and Dr Pallany Pillay, both of Infirmary Road, Cork, over the circumstances of Connor’s birth on Feburary 6th 1995.
Liability was conceded and the case was before the court for assessment of damages only.
A separate action by Mrs Corroon for nervous shock against the defendants arising out of the circumstances of her son’s birth was earlier settled.
In the boy’s action, it was alleged the defendants failed to adequately monitor the labour and administered inappropriate medication to induce labour when, it was alleged, that was not required.
As a result of the alleged negligence, Dr John O’Mahoney SC and Denis McCullough SC, for Connor, said he suffered severe brain injuries due to being deprived of oxygen prior to his delivery. AS a result, he is permanently disabled, requires a wheelchair, cannot speak and will need care for the rest of his life.
Connor is a bright youngster, is doing well at school and is a big fan of the Munster rubgy team, the court heard.