Case Study: April 2023
Cian O’Carroll solicitors have successfully concluded a case of a young boy arising from alleged negligence in the circumstances of his birth at a regional hospital in late 2012. The case resolved on the day of trial in April 2023.
It was claimed that the Plaintiff developed Autism Spectrum Disorder, intellectual disability and severe language impairment as a result of that negligence.
The case settled for an interim payment of just over €1.8 million to age 18. As with similar cases, the matter will return before the High Court when the Plaintiff reaches adulthood for a further assessment of compensation for the remainder of his life. The HSE is bound to pay two-thirds of that future claim, either by agreement or Court order.
The case involved complex medical and legal issues, particularly in relation to causation. In the lead-up to trial, the HSE advanced a late argument that the Plaintiff’s condition was solely genetic in origin. Further genetic testing was sought shortly before the hearing, despite earlier testing having revealed no genetic cause.
The trial was adjourned to facilitate this testing, which ultimately confirmed the absence of any genetic factor. This late development added significantly to the strain on the Plaintiff and his family in the weeks before trial.
The case ultimately settled on the date of the adjourned hearing.
The proceedings were concluded within approximately two years. The settlement has enabled our young client, through his devoted parents, to access private care, therapies and necessary supports, and provides important assistance to his family in meeting his ongoing needs.