Student secures €2.75m damages for head injury suffered in rugby match

A student who suffered a serious head injury during a schools’ rugby match has secured €2.75m damages, plus costs, under a settlement approved by the High Court.

Lucas Neville’s mother Michelle told Ms Justice Mary Irvine she was consenting to the offer, but it was a matter of regret to herself and her son that they have never received any apology from either his former school or St Vincent’s Hospital arising from the injury.

“What happened to him and what he went through should not have happened. An apology would be nice,” she said.

Lucas Neville, aged 22, of Pembroke Lawns, Ballsbridge, Dublin, has permanent brain injury, the High Court heard.

He sued his former school, St Michael’s College, Ailesbury Rd, Dublin, and St Vincent’s Healthcare Group, as owner of St Vincent’s Hospital, Elm Park, Dublin, arising from the injury in November 2009.

Both defendants had admitted liability but disputed Mr Neville’s claim for €5m damages. A central dispute between the sides related to the fact that the €5m claim included €2m for future care.

The case was at hearing for two weeks before Mr Justice Sean Ryan to assess damages. After settlement talks between the sides, Ms Justice Mary Irvine was told yesterday an offer of €2.75m, plus costs, had been made.

Bruce Antoniotti SC, for Mr Neville, said while his side considered the value of the case at 10% more than the offer, there was a risk Mr Neville could get less, as the damages aspect was being hard-fought.

Counsel said it had been suggested on behalf of the school that a sum claimed for the retrospective care of Ms Neville for her son, including time spent with him in hospital after he suffered his injuries, was “obscene” but that suggestion was later withdrawn.

During submissions as to what aids Mr Neville would need in the future, there was a dispute over shoelaces, counsel added.

Ms Justice Irvine told Ms Neville that while no money would ever give her son back what he lost, the court trusted his very experienced lawyers. Continuing with the assessment hearing would involve a gamble and the court considered this was a very good settlement she was happy to approve.

The judge approved the €2.75m settlement with a payment out of €100,000 for care provided by Ms Neville to date, plus special damages of €15,000.

During the assessment hearing, the court heard Mr Neville, now aged 22, suffered a head injury during school rugby training on November 11, 2009, and received some treatment at St Vincent’s.

He went again to the hospital on November 15 because he was suffering headaches and eye problems. His mother asked that a scan be carried out but said she was assured it was not necessary.

When Ms Neville contacted the school in relation to his November 11 injury, she was assured that a protocol under which students who suffer head injuries are not permitted to participate in contact sports for three weeks would be implemented.

However, on November 28, 17 days later, when Mr Neville was on the subs bench during a match, he was called on to play for the final minutes of that match. He again suffered a head injury and collapsed on the sideline. The school accepted he should not have been permitted to play, counsel said.