€10m for Cork man with locked-in syndrome

A man who has locked-in syndrome following an operation at Cork University Hospital was yesterday awarded a €10m lump sum payment in final settlement of his High Court action.

The award by Mr Justice Michael Moriarty for the future care needs of 32-year old Eoin O’Mahony, Blarney, Co Cork, brings to €14.1m the total paid out in settlement of his action against the HSE.

The payout also ranks among the highest paid out in a personal injury case.

Mr O’Mahony was a 17-year-old Leaving Certificate student in 2001 when he had headaches and was admitted to Cork University Hospital, where brain surgery was carried out.

After the surgery, he lapsed into a coma-like state. He has devastating brain injuries and is quadriplegic. The court heard he cannot even use his finger to press a button if he needs help, and essentially suffers from locked-in syndrome.

Five years ago, he settled his High Court action against the HSE, which conceded liability, on terms including an interim payment of €2.9m. He secured a further interim payment of €1.2m in 2012.

Yesterday’s award for Eoin’s future care needs bring an end to a 14-year legal battle for the family.

His parents Edmund and Karen O’Mahony, of Station Rd, Blarney, last year asked the court to finalise the case with a capital lump sum payment after 13 years in litigation and sitting through a 19-day hearing concerning Eoin’s future care needs.

In his action, it was alleged Eoin sustained traumatic brain injuries after a hospital procedure. On November 23, 2001, following complaints of headaches, he was referred to Cork University Hospital, and re-admitted four days later when he underwent a procedure to reduce pressure on the brain.

On November 30, he underwent another procedure and partial removal of a tumour. But on December 1, he lapsed into a coma and essentially has locked-in syndrome.

Last November, Mr Justice Moriarty ruled in relation to Eoin’s future care needs. He said the long-established professional regime to take care of Eoin at night was reasonable and found that the role of a service co-ordinator in relation to his care should be continued. The judge said the case had been “enormously long” and complex.

“No financial award can bring back Eoin and his family to a life of fullness and achievement he had every reason to aspire to,”the judge said. “The figure reflects the gravity of the case and will meet Eoin’s future care needs.”

Yesterday, Mr Justice Moriarty outlined the total figure in the case and said his judgment giving the breakdown will be available in the next few days.

‘People deserve respect and honesty’

The stance taken by the State and the HSE in the Eoin O’Mahony case put enourmous stress and strain on his family both finacially and emotionally, his mother said yesterday.

Speaking outside court at the end of a 14-year legal battle, Karen O’Mahony from Blarney, Co Cork, said this stress and strain happened “when we were at our weakest, consumed with the 24-hour care of Eoin”.

Eoin was a 17-year-old Leaving Certificate student in 2001 when he suffered headaches and was admitted to Cork University Hospital, where brain surgery was carried out.

After the surgery, he lapsed into a coma-like state and has devastating brain injuries and is quadriplegic.

The court heard he cannot even use his finger to press a button if he needs help and essentially suffers from locked-in syndrome.

Mrs O’Mahony, who attended court every day with her husband Edmund, said they had struggled for 14 years to achieve the best possible care for Eoin and for the last 10 years “have battled in Eoin’s interest against the might of the State and the HSE through three High Court trials”.

She added: “It is time for candour and honesty to prevail and to be openly displayed by hospitals, consultants and doctors.

"It is time that these tragic cases are dealt with promptly, honestly and sympathetically by the State.”

She said the HSE had only conceded liability before the start of the case in court in 2010.

Mrs O’Mahony said it was time that people like Eoin “are treated with respect and honesty and are facilitated to lead as fulfilling a life as possible”.

On a brighter note, she said Eoin was doing well.

“Although he has locked- in syndrome and is quadriplegic , he very much enjoys the company of family and friends,” she said.

“He loves music and likes to go to concerts, plays, cinema, and matches.”

She said Eoin makes the most of his life with the help of his highly motivated team of personal assistants, nurses , home helps and therapists.

Mrs O’Mahony said Eoin was a bright, active, intelligent 17-year-old when in November 2001, he was admitted to Cork University Hospital.

“However, Eoin suffered catastrophic brain injury in the days following the operation,” she said.