A 32-year-old man who sued alleging there was a failure to diagnose his autism in his early years and this caused him to miss out on an autism specific education has settled a High Court action for €125,000.
Keith Callaghan, who has autism spectrum disorder (ASD), is unable to read or write or do any mathematical problems beyond the simplest addition and he has no functional reading skills.
Mr Callaghan, of Rahoon, Galway, had through his mother Caroline Callaghan sued the Health Service Executive (HSE); the Minister for Education, Ireland and the Attorney General, as well as Brothers of Charity Services, Renmore, Galway, which provides services for individuals with intellectual disabilities and the board of management of St Joseph’s Special School, Newcastle, Co Galway.
The settlement is without an admission of liability. The court also ordered that a fixed outlay sum of €50,000 legal costs be paid to Keith’s solicitors.
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In the proceedings it was claimed there was a failure to diagnose Mr Callaghan’s condition either adequately or in a timely manner and an alleged failure to provide an autism specific educational service.
It was further claimed Mr Callaghan was placed in a general special education school for the entirety of his school years without adequate assessment of his needs or progress.
The HSE allegedly failed to comply with its obligations under the legislation and it was contended there was a failure by the Minister for Education to comply with the obligations under the legislation.
All of the claims were denied.
Mr Callaghan’s counsel, Alastair Rutherdale, instructed by David O’Malley solicitor told the court that Keith had been diagnosed with ASD in November 2009 just before his 18th birthday. Counsel said it was too late at that stage.
Counsel said it was their case that Mr Callaghan should have been diagnosed from early in his childhood.
Mr Rutherdale said it had been a long and hard road for Keith and his family.
Approving the settlement and granting the order to pay the costs, Ms Justice Nuala Jackson allowed €5,000 be paid out immediately to the family for a holiday.
The judge noted the proceedings had been going on a long time and said the holiday was something they all deserved.
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