A 14-year old boy who allegedly suffered brain damage at birth in a Cork hospital has settled his action against the HSE with a final once off lump sum payment of €20 million.
This brings to €23 million the total paid to Lee Gibson, of Carrigaline, Co Cork, who has cerebral palsy, cannot talk and has to use a wheelchair.
The settlement is the largest to date in the State for this type of action.
Approving the final figure on Tuesday, the president of the High Court Mr Justice Peter Kelly paid tribute to Lee’s mother Aileen Gibson, who he said was doing a great job looking after her son.
“Lee makes the best of a life that is possible because of the care of his mother, grandmother and other family support” the judge said.
An interim settlement payment of €2 million was approved in 2015 for Lee and in 2017 a further interim payment of €1 million was made.
On those occasions, liability was also settled in the case.
Outside court on Tuesday, Ms Gibson said the settlement would be spent for Lee’s benefit and would allow his family to give him the therapies and care he requires for the duration of his life. She said it also meant the family could plan for their future without the need for further litigation.
‘Bittersweet’
“I must say that today is bittersweet. All the money won’t change what has happened to Lee. We will have to live with that pain forever,” she said.
Through Ms Gibson, Lee sued the HSE over the circumstances of his birth at St Finbarr’s Hospital, Cork on July 5th, 2005.
It was claimed that he suffered a number of injuries to his brain due to a lack of oxygen and the effect of an untreated infection suffered by his mother.
It was also claimed there was delay of between 91 and 106 minutes before delivery by emergency caesarean section once the decision to proceed with one had been made. It was further claimed there was failure to treat the case as an emergency case and to give a candid explanation for what happened and why.
The claims were denied but liability was later settled in the case.
John Lucey SC, instructed by Orla Kelly of Cantillon Solicitors, for Lee, told the court the advice from financial experts was not to accept an annual periodic payment order and that it was in the boy’s best interests to proceed by way of a lump sum payment.
Devoted
Counsel said Ms Gibson has devoted her life to caring for her son and was anxious for a final payment and to conclude the matter.
Ms Gibson in evidence said her son loves school and is doing better since they moved to a purpose built specially adapted house where he can have certain therapies. “It’s time for us to move on with our lives, “ she told the judge.
She said Lee was very independent and can now communicate with the help of modern technology.
Approving the settlement, Mr Justice Kelly said mediation talks had taken place between the sides in the last few days. He was satisfied it was a settlement that ought to be approved and said it would help Lee to live with the proper standard of support for the rest of his life.