Parents secure €100,000 for shock after baby’s death
Because Emma Gilmartin was dead at birth on July 2, 2005, it was not open to her parents, Karen and Paul, to bring a claim for damages for mental distress under the Civil Liability Act, and the case was a straightforward claim by both parents for personal injuries due to nervous shock arising from Emma’s death, Dr John O’Mahony SC told Mr Justice John Quirke yesterday.
Mr Justice Quirke said he wanted to express his deep sympathy to the parents not just for their terrible loss due to the death of Emma but also because nothing was recoverable (for mental distress under the Civil Liberty Act).
