Cork teen secures €1.6m settlement in medical negligence case

A 15-year-boy who suffered "catastrophic injuries" at birth has been awarded €1.6m as part settlement of his High Court medical negligence action against a Cork Hospital and a Consultant Obstetrician.

Connor Corroon's action, which was today adjourned for 18 months, may prove to be an important test case in regards to how payments are made to those requiring care for the rest of their lives.

Connor, suing through his mother Judith Mary of Copestown, Mallow, Co Cork sued City General Hospital Cork and Dr Pallany Pillay both of Infirmary Road, Cork arising out of the circumstances of Connor's birth on February 6, 1995. Liability had been conceded and the case was before the court for assessment only.

The defendants, it was claimed, failed to take adequate precautions for Connor or his mother's safety and had exposed the teen to an injury that they ought to have known.

It was further claimed they failed to monitor Connor and his mother during labour and administered inappropriate medication to induce labour when it was not required.

The court heard from Connor's counsel Dr John O'Mahoney SC and Denis McCullough SC that Connor suffered brain injuries due to being deprived of oxygen prior to his delivery which has left him permanently disabled. He requires a wheelchair and cannot speak, and will need care for the rest of his life.

The court heard that Connor is a bright youngster, is doing well at school and is a big fan of the Munster rugby team.

The court was also informed that an action by Mrs Corroon for nervous shock against the defendants arising out of the circumstances of her son's birth has been settled.

Today, following lengthy discussions over two days between the parties, Mr Justice John Quirke adjourned the case to October 2011, when it is hoped that a statutory system will be in place where Connor will receive an annual or periodic payment which will cover the costs of his care.

The judge said that a system of index-linked, periodic payments to cover the costs of providing care for Connor is preferable to the current system whereby a lump sum is paid to those who are usually made wards of court and invested on their behalf. That investment is made with the hope that it will provide a return to cover the costs of providing care.

The judge said that a working group has been set up, which it is hoped will result in the law being changed where a system involving periodic payments to cover the cost of providing care will be introduced.

The judge said that the offer put forward on behalf of the State, which was indemnifying the defendants, to Connor was a good offer. Even if the system of periodical payment was not in place by October 2011 then the case would resume where it had left off. The interim payment would ensure that Connor would not lose out.

The judge also approved an interim payment of €1.4m to cover general damages, the cost of retrospective care, medical treatments, aids and appliances and housing requirements. The judge refused to recommend the offer of a further €450,000 for the future loss of earnings.

That had been refused on the grounds Connor's parents said the figure was too low. While the final figure for loss of earnings would be argued in the future, the judge directed that some €225,000 was to be paid on an interim basis in addition to the €1.4m.

Addressing the Corroon's concerns and initial reservations about the offer, the judge said that he did not believe that the current system involving lump sums was working.

The judge, who paid tribute to the family, said it is feared that lump sums would not meet the cost of providing future care needs. What seemed a lot today might not be enough for tomorrow.

The judge said there were no guarantees that the investments would yield a sufficient return to cover care costs and were dependent on economic circumstances. This was not satisfactory.

One only had to image if somebody's lump sum had been invested in shares of Anglo Irish Bank several years ago. "How much would it be worth now," he asked.