A HIGH Court judge yesterday approved a €4.5 million settlement for a man who is severely brain damaged and “a child in a man’s body” after suffering viral encephalitis as a result of a viral infection, herpes simplex.
The settlement includes payments for Martin O’Brien’s family and was made without admission of liability.
Mr O’Brien (45), his wife Anna Marie and their children Rachael and Benjamin, Laurel Park, Newcastle, Galway, had sued the HSE and a number of doctors over his treatment between late January 1996 and late March 1996.
The settlement is against one of the doctors – Dr Brendan S Duffy, who was attached to Merlin Park Regional Hospital, Galway, in 1996 when he allegedly treated Mr O’Brien there some weeks after Mr O’Brien was treated by others for an itchy rash and sores. The proceedings against all other defendants were struck out.
All defendants had denied liability and, in seeking approval for the settlement offer yesterday, Eoin McGonigal, for the family, said it was a “very unusual” case.
It was clear the rash Mr O’Brien experienced in late January 1996 had “nothing to do with herpes simplex” and it was not clear how he contracted herpes simplex, “which is in all of us”, counsel said.
The defendants argued the treatment given to Mr O’Brien was reasonable, while his side argued Mr O’Brien should have been given particular treatment on March 31st, 1996, rather than April 4th, 1996, counsel said.
There was a dispute over whether, even had Mr O’Brien received that treatment on March 31st, he would have avoided all the injuries he later suffered.
His side was not contending that diagnosis should have been made immediately, but was contending Dr Duffy should have been alert to the possibility Mr O’Brien had herpes simplex, counsel said.
As a result of his injuries, Mr O’Brien needs 24-hour care, counsel said.
His wife and children provided this, although they had been urged by the health services to put Mr O’Brien into a home.
Mr Justice John Quirke said he was approving the settlement pending clarification of an issue. After hearing from Mrs O’Brien, he paid tribute to her for the care given to Mr O’Brien and described her as “a wonderful lady”.
Mrs O’Brien told the judge she “always wanted justice” for her husband, and was very sorry it had taken 15 years to get to this point. Her children had suffered and she believed the law should be changed to reflect this.
The judge said he did not disagree with her.
