A claim for cerebral palsy compensation has been adjourned for two years after an interim settlement of compensation for a thirteen-year-old boy was approved in the High Court.
Ryan Brennan from Cahir, County Tipperary sustained irreversible brain damage during his birth at St. Joseph´s Hospital in Clonmel in January 2000; an injury which his parents – Lorraine and Raymond Brennan – believe was due to a failure to act by the hospital´s consultant obstetrician – Dr Brendan Powell.
The Brennans alleged in their claim for cerebral injury compensation that abnormalities had been discovered in Ryan´s heart rate tracing hours before he was delivered, but no action had been taken by the doctor or staff at the hospital. Ryan had to be resuscitated after he was born and throughout the following day suffered seizures.
Dr Powell and the Health Service Executive (HSE) – acting on behalf of St. Joseph´s Hospital – denied responsibility for Ryan´s injuries and the Brennans claim for cerebral injury compensation on the grounds of negligence, breach of duty and breach of contract
However, Ms Justice Mary Irvine at the High Court in Dublin was told that an interim compensation settlement of 1.7million €uros had been agreed with the HSE without admission of liability to provide for Ryan´s immediate care and that the claim against Dr Powell could be struck out.
After approving the interim compensation settlement, Ms Justice Mary Irvine adjourned the case for two years to allow reports on Ryan´s future requirements to be conducted and to allow time for the possible introduction of a periodic payment system to replace the current lump sum system of paying compensation for catastrophic injuries.