A HIGH COURT judge has repeated his view of the need for legislation to allow compensation payments for severe injuries to be paid out in stages rather than one large payment, in circumstances where there is a serious dispute about life expectancy and consequently the costs of future provision for accident victims.
Mr Justice John Quirke made the comments when approving a €3 million settlement for a 21- year-old man who suffered severe injuries and cerebral palsy as a result of alleged negligence in the circumstances of his birth at Galway Regional Hospital on November 26th, 1986.
The settlement for John Tobin, who had sued through his mother Anne, of Farm, Williamstown, Co Galway, is against the Health Service Executive (HSE) and is on the basis of no admission of liability.
Approving the settlement, Mr Justice Quirke also approved a payment of €300,000 to Mr Tobin’s mother, who had given up her job as a clerical officer to look after her son. Mr Justice Quirke described Mr Tobin as “a remarkable young man” and said it was ridiculous the court could not make periodic payments.
It required legislation to make such orders, he said.
Two weeks ago, the judge made a similar reference to the desirability of periodic payments in the case of a man who secured €4.98 million compensation after suffering catastrophic head injuries when the motorcycle on which he was passenger hit a ditch.
The judge noted the UK-type compensation system allowed for periodic payments in such cases rather than one large settlement, because of large differences of opinion over how much it costs to provide for victims of accidents for the remainder of their lives.
Seeking approval yesterday for the settlement for Mr Tobin, Denis McCullough SC said he was delivered in Galway Regional Hospital. It was alleged he suffered cerebral palsy due to birth asphyxia and that the hospital failed to recognise features of respiratory distress and failed to transfer the child to the neonatal unit where resuscitation facilities were available.
Mr McCullough said a leading medical expert for the defence would have expressed the view there was no negligence if the case had gone ahead. He added Mr Tobin was an extremely bright and cheerful young man. The judge said Mr Tobin was very fortunate to have wonderful parents.