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Brain Injury Compensation Claim Resolved Against Parents

A young child, who suffered severe brain damage when his mother drove an uninsured car into a wall, has been awarded 2.9 million Euros following a High Court hearing.

Ben McHale, now four years of age, from Clonmel, County Tipperary, was just an infant when the accident occurred in April 2006. Ben´s mother, Disislave McHale, was driving an uninsured vehicle owned by his father, Marcus McHale, when she suffered a blackout at the wheel and drove into a wall. Ben, who was seated in the rear seat at the time, suffered severe brain damage and was blinded as a result of the accident.

At the High Court in Dublin, Mr Justice John Quirke heard that Ben had made a brain injury compensation claim against his parents and the Motor Insurers´ Bureau of Ireland through his uncle, William McHale, acting as his “next friend”. As liability was not contested, a settlement of brain injury compensation had been agreed where Ben was to become a ward of court and compensation in the amount of 2.9 million Euros was to be paid into court for his upkeep and to pay for stem cell surgery in Dusseldorf to improve his brain development.

Ben´s legal counsel informed Mr Justice John Quirke that Ben´s life expectancy was likely to be limited to 21 years and the judge approved the settlement – at the same time extending his sympathy to the family for the unfortunate circumstances.