A young man who has cerebral palsy is to be paid a record €4,746,835 in settlement of his High Court action against the Rotunda Hospital, Dublin, where he was born in 1980. Legal sources said afterwards the settlement was the highest ever in an action of its kind here.
Mr Shane O'Farrell (21), through his mother, Mrs Diane Farrell, Furry Park Road, Killester, Dublin, had sued the governor and guardians of the Rotunda Hospital. The hearing of the action was to have begun in the High Court today but following talks between lawyers in the case, the terms were put before Mr Justice Johnson yesterday afternoon and approved by the judge.
Consideration is to be given later on whether to apply to have Shane made a ward of court or whether some form of trusteeship should be set up for him.
On the application of Mr Denis McCullough SC, for Shane, the judge decided the euro equivalent of £250,000 should be paid out towards the costs of care for Shane for the past 21 years, substantial alterations to his home to meet his requirements and other expenses. Shane has been looked after at home by his parents over the years. His father, Noel, said they were delighted with the settlement.
Shane was born on May 4th, 1980. It was claimed that, when he was 17 days old, he was discharged home with suspect abnormal neurological assessment. He was referred to the Central Remedial Clinic, Clontarf, Dublin, when he was aged six months, for continuing management.
He was later diagnosed as suffering from cerebral palsy and moderate physical handicap. He has some useful function in one hand and uses a typewriter. He uses computer technology to assist in learning and communication.
He now attends the Central Remedial Clinic but, it was submitted, will never be capable of independent living and will always require substantial care input from others.