‘Child in man’s body’ gets €4.5m in damages

A HIGH Court judge has 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 Rachel and Benjamin, of 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 developed and 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 SC, for the family, said it was a “very unusual” case and it “not certain” his side would win on liability in a full hearing.

It was clear the itchy rash which 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 31 1996, rather than April 4, 1996, counsel said.

This issue was “not black and white and there was a dispute, even if Mr O’Brien got that treatment on March 31, if he would have avoided all the injuries he later suffered.

His side were not contending 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 is “like a child in a man’s body” and needs 24-hour care, counsel said. His wife and children provided that care although they had been urged by the health services to put Mr O’Brien into a home.