Mum advised to take son from school, court told

The mother of a young student who underwent surgery for serious head injuries after he collapsed at the end of a school rugby match has told the High Court she was upset when the school later advised her he could not stay there.

Her son Lucas was “not himself” and was having difficulties when he returned, when still receiving therapy for his injuries, to St Michael’s College, Ailesbury Road, in the academic year 2010-2011 to take a couple of Leaving Certificate subjects, Michelle Neville said.

She was “upset” when later phoned by the school and told it would be better if he didn’t stay, she said.

She was giving evidence in the continuing action by her son, aged 22, of Pembroke Lawns, Ballsbridge, for damages on grounds St Michael’s owed him a duty of care and stood “in loco parentis” of him while he engaged in sporting activities on behalf of the school.

Mr Neville has also sued St Vincent’s Healthcare Group as owner of St Vincent’s Hospital, Elm Park, Dublin over alleged negligence in his treatment.

Both the school and the hospital have admitted liability, but dispute the €5m level of damages sought.

During cross-examination yesterday on behalf of the school, Eoghan Fitzsimons withdrew his suggestion it was “obscene” for the €5m claim to include a claim for monies to pay Ms Neville for lengthy periods she spent in hospital with her son while he was recovering from surgery and undergoing rehabilitation.

Ms Neville said hospital staff were very good but “very stretched”, and she believed her constant monitoring of Lucas had accelerated improvement in his condition. She said she did a little part-time work and was also in receipt of social welfare payments. Unfortunately, the situation now is they need those payments, she said.

At the close of her day-long period in the witness box, Ms Neville wiped back tears. Mr Justice Sean Ryan thanked her, adding he was conscious of the difficulties for Lucas arising from him being discussed akin to an “exhibit A”.

Earlier, Ms Neville told counsel Denis McCullough, while Lucas had suffered serious injuries which continue to leave him cognitively and physically impaired, he has made great progress beyond the expectations of many experts.

After some home schooling, he sat two subjects in the 2011 Leaving Certificate and failed one. He then attended St Andrew’s College in the academic year from September 2011. They were “very good with him” and he described that “as the best year of his life”.

“I think he’s brilliant because he’s my son and he has made enormous strides in his recovery,” she said.

The case resumes next Tuesday.