A boy who suffered “catastrophic and life-changing” injuries after he fell and hit his head at a Dublin City Council-owned park almost 10 years ago has settled a High Court action against the local authority and a GP with an interim payment of €3.3 million.
James Higgins, who is now 12, from East Wall, Dublin 3, requires around-the-clock care, is essentially non-verbal, suffers with epilepsy and will be a wheelchair user for life, the court heard on Friday.
The interim settlement agreement was reached following mediation. The case will return to court in six years.
The court heard there were complex questions relating to causation and liability in the case. The case had been contested.
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Kevin Higgins brought proceedings on behalf of his son James against Dublin City Council and Dr John Taylor, claiming they acted negligently and in breach of their duties.
Jeremy Maher SC, for James, said the boy, when he was two-and-a-half years old, suffered “catastrophic and life-changing” arising from a fall at May Park, Malahide Road, Dublin 5, on December 1st, 2015.
Mr Maher said the boy, while retrieving a football, fell on an all-weather soccer pitch where slush had accumulated and hit the left side of his head.
Mr Maher said it was their case the pitch was in dangerous condition and should not have been in use and that the council was in breach of its duty and negligent in its management of the park.
James was subsequently brought to Dr Taylor’s surgery at Ardlea Road, Artane, Dublin 5, Mr Maher said, where it is alleged the GP was negligent and breached his duty in failing to immediately refer the child to hospital.
James was later that evening brought to Children’s Health Ireland Temple Street. There it was determined he had suffered a bleed within his skull and he underwent emergency surgery, Mr Maher said.
Mr Maher said this surgery was life-saving, but the damage had advanced to such an extent that James was left with devastating injuries.
The barrister said James required around-the-clock care, was essentially non-verbal, suffered with epilepsy and would never be able to work or live independently.
Mr Maher said James’s “heroic” parents had given up their careers to care for James.
Mr Maher said that following mediation, the defendants had agreed the interim settlement of €3.3 million.
Mr Justice Paul Coffey approved the settlement, stating that James’s case was a reminder of the fragility of life and the limitless nature of parental love.
He said it had been “deeply humbling” to listen to Mr Higgins address the court about James’s condition and their experience of his care.
