A final lump sum payment of €8 million for a teenage boy with cerebral palsy brings the settlement of his action over alleged negligence in the circumstances of his birth at Dublin’s Coombe Hospital to a total of €9.8 million.
The president of the High Court, Mr Justice Peter Kelly, said it was “really shameful” legislation has not yet been introduced allowing periodic payments to be made to catastrophically injured claimants over their lifetime.
Mr Justice Kelly made his comments when approving the final €8 million lump sum payment for Jamie Patterson (13), who has cerebral palsy with spastic quadriplegia, is unable to talk, and can only communicate through facial expressions and body language.
The boy previously received an interim payment of €1.8 million under a settlement made without admission of liability.
The judge said the boy’s mother, Teresa Patterson, was clearly tired and worn out coming to court, and this was the third case in three weeks where parents of catastrophically injured children had asked for a final lump sum payment to end the litigation.
Ms Patterson earlier told the judge she wanted to leave the court and not look back.
“I feel I am so tired. Jamie is tired of all this; he just wants to play,” she said, explaining that for every court date the child had to endure prior examinations by medical experts on both sides.
Mediation
Mr Justice Kelly said the Pattersons could say farewell to the Four Courts with this final payment. Particularly in these type of medical cases, mediation should be used, he said.
Ms Patterson said her son was a beautiful boy who has an amazing outlook on life even though he faces many challenges every day of his life.
“We had no choice but to go through a huge legal battle to try and get the best quality of life possible for Jamie,” she said. “Jamie has gone through so much in his 13 years – medical procedures, pain, constant appointments – and he still has a big smile on his face. “I want to leave court today and not look back. We need to move forward for Jamie. Tomorrow we start a new chapter.”
Through his mother, Jamie Patterson, of Mountdown Park, Terenure, sued the Coombe Hospital over alleged negligence at the time of his birth in November 2002.
It was claimed the hospital failed to exercise any, or any proper or adequate, care for the safety and wellbeing of Teresa Patterson and her son.
Having decided to augment the labour with Syntocinon, the hospital failed to have any, or any adequate, regard that it could cause or aggravate foetal distress without careful and proper monitoring, it was also claimed. The claims were denied by the hospital.
Ms Patterson was a hairstylist prior to the birth of her son and then trained as a carer so she could help care for Jamie, counsel said.
In a statement read to the court yesterday on behalf of the Coombe Hospital, its master, Dr Sharon Sheehan, conveyed the hospital’s deepest sympathy to Jamie and his family for the “considerable adversity that you have endured arising from the circumstances of Jamie’s birth”.
In a statement, the Department of Justice said the Civil Liability Amendment Bill “is currently being drafted to allow courts to make provision for periodic payment orders” in circumstances where lump sums are currently awarded.
“The Bill is due to be published in the coming months,” the spokesman added.