Saturday , December 15 2018
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Compensation for Cerebral Palsy due to Consultant Negligence Approved in Court

A High Court judge has approved a second interim payment of compensation for cerebral palsy due to consultant negligence, as a structured system for the payment of compensation in Ireland has not been introduced.

Two years ago, the Sheehan family from Mallow in County Cork were awarded an interim settlement of €1.9 million in respect of their eight-year-old daughter, Isabelle, who was born with severe paraplegic cerebral palsy after the consultant paediatrician treating Isabelle´s mother failed to act on blood test results which revealed a conflict of antibodies.

The consultant paediatrician – Dr David Corr – admitted that he had made a mistake in the management of Catherine Sheehan´s pregnancy, which led to Isabelle´s terrible injuries when she was born at the Bon Secours Maternity Hospital in November 2004, and acknowledged that he should have referred Catherine to an expert in foetal medicine.

After the initial settlement hearing, Mr Justice Iarfhlaith O’Neill approved the settlement of compensation for cerebral palsy due to consultant negligence and adjourned Isabelle´s case for two years to allow for the introduction of a structured system for the payment of compensation when a plaintiff has sustained lifelong injuries.

As no structured system for the payment of compensation has yet been introduced, Isabelle´s case was heard again at the High Court by Mr Justice Kevin Cross; who was told that a further interim settlement of compensation for cerebral palsy due to consultant negligence had been agreed, which would pay for the care that Isabelle needs for a further two years.

Mr Justice Kevin Cross approved the interim settlement of €635,000, after hearing that Isabelle was keeping up with the other children at her mainstream school and that she was a bright and intelligent little girl. The judge wished Isabelle a very good future and adjourned her case for another two years.