A YOUNG man who suffered catastrophic head injuries when the motorbike on which he was travelling as a passenger hit a roadside earth bank has secured €5 million damages in one of the biggest High Court settlements of its type.
Approving the settlement yesterday, Mr Justice John Quirke said he had "real concerns" about how meeting the costs of future care for crash victims was dealt with here and he suggested the UK system was "infinitely better".
Given the large difference of opinion between experts about the costs of providing care for crash victims for the rest of their lives, there was a need to examine the "much better" type of compensation system in the UK which allows for periodic payments in such cases, rather than one large settlement, he said.
He made the comments in the case of David McCullagh jnr (30) who, through his father David snr, had sued the driver and owner of the motorbike, Anthony Leahy, Ballineadig, Farran, Cork.
Mr McCullagh, a painter and decorator from Ardcross, Crosshaven, Cork, claimed he suffered severe injuries and is now in a wheelchair as a result of Mr Leahy's negligence in controlling the bike when it hit an earth bank at or near Lee Valley Golf and Country Club, in Ovens, Co Cork, on June 25th, 2006.
Yesterday afternoon Mr Justice Quirke was told the case had been settled without a hearing.
The €4.98 million settlement provides for the cost of daily care to Mr McCullagh for another 33 years, a figure reached on the basis of medical opinion his life expectancy had been cut by 29 per cent.
Henry Hickey SC, for Mr McCullagh, said his side's expert had assessed the costs of care on the basis of the reduced life expectancy while another actuarial report had come up with a figure of €3 million for future care.
Mr Justice Quirke said he had "real concerns" about how the costs of future care for people in such situations is dealt with here.
The system here is supposed to cover all future costs but there was no way of doing that properly and it was the equivalent of "looking into a crystal ball", the judge said.
The judge approved the immediate payment out of €865,000 from the €4.9 million to include €250,000 towards the cost of adapting the family home for David and sums of €60,000 for his parents and €40,000 for his brother and sister for the care they had provided in the last two years for him. The remainder of the money will be paid into court pending wardship proceedings.
David's brother and sister had provided daily assistance bringing him to physiotherapy five days a week while he was in hospital in Dublin and Cork. The insurance company, which insured the motorbike owner, has already provided financial assistance towards home improvement, a car and daily physiotherapy, Mr McCullagh's counsel said.
Mr McCullagh has spent most of his time since the crash in Cork University Hospital and the National Rehabilitation Hospital in Dún Laoghaire and is staying in St Finbarr's Hospital in Cork pending the completion of works to his family home, his counsel said. Apart from his physical injuries which have confined him to a wheelchair, he is also affected intellectually, counsel said. He can carry on conversations but has speech difficulties.