Posted: November 20th, 2021
In the Hight Court a Galway hospital has agreed to pay a €30m birth injury settlement to 14-year-old boy from Birr who has cerebral palsy as a result of the the circumstances of his birth.
Oran Molloy suffers with spastic diplegia which affects all four limbs. His legal counsel, Denis McCullough SC, informed Justice Paul Coffed that the birth injury settlement which was agreed following a mediation process that was “protracted and difficult”. He added that this the largest recovery of damages in a birth injury case in this jurisdiction.
He told the Court that when Oran was just five years old he travelled to the USA for surgery which was paid for by local fundraising. This surgical procedure allowed his to initially walk a few steps using crutches. Sadly, his mobility has lessened over time.
The legal action was taken against the Health Service Executive in relation to injuries oran sustained during his birth at Portiuncula University Hospital, Ballinasloe, Co. Galway, on December 31, 2006.
Following the approval being given for the proposed settlement solicitor Gillian O’Connor, speaking on behalf of Oran’s family said while they were satisfied with the €30m award they would “give it back in a heartbeat” if only the night of December 31 when Oran was born and injured at birth “could be changed and the errors erased”.
She said: “This is the highest award but justifiably so and is about €12 million more than what is normally awarded. “
She said this was because it represents, in the Molloy legal team’s opinion, a negative real rate of return of minus 1.5% and not up to plus 1.5% which was determined in the Irish courts in 2014.
Liability was only accepted by the HSE three weeks prior to the trial date. Following this the HSE then sought to adjourn the case for four years. Due to this adjournment request, the family had requested an annual payment linked to wage inflation be made. However, this request was turned down by the HSE so the family had no option but to pursue a lump sum compensation figure.
Categories: Birth Injury Compensation Claim, Child Injury Claim