Court approves lump sum of €2.5m plus annual payments in final settlement for girl, 13, with cerebral palsy

The High Court has approved a lump sum payment of €2.5m along with annual rest-of-life payments for a 13-year-old girl with cerebral palsy in final settlement of her action over the circumstances of her birth in Dublin's Coombe Hospital.

Rachel Cooney will receive annual payments of €205,499 until she is 18 and €329,355 per year after that under the settlement which was made following mediation and following last October's long-awaited legislation on periodic payments.

She had already received €2.5m under the old "lump sum" payment system whereby her parents, Jennifer Lambe and Fintan Cooney, had to return to court seeking to have payments made for her care.

Under this new periodic payment system, they will not have to return to court each time which was something the couple's solicitor, Damien Tansey, said provides "enormous relief for parents".

He said the old system required an "enormous effort on the part of the family, is intrusive, requires the commissioning of numerous reports and the ordeal of coming to court each time to seek the court's judgment and approval for settlements".

Mr Tansey the overall value of the judgment "effectively amounts to €13.5m and it will enable Rachel to reach her full potential.

Periodic payments are indexed-linked and the state of the economy does not have any adverse impact on them, he said.

Rachel, of Harold's Cross, Dublin, through her mother Jennifer, sued the Coombe over the circumstances of her birth in March 2006.

It was claimed that after a failed vacuum and forceps delivery, Ms Lambe was taken to theatre and Rachel was delivered by caesarean section. It was claimed the damage was caused wholly or in part after an earlier time when a caesarian should have been performed.

Counsel for the Coombe told the president of the High Court, Mr Justice Peter Kelly, on Thursday, there was consent to the judgment in terms of the written agreement between the parties.

Jonathan Kilfeather SC, for Rachel, said there had been three previous interim payments totalling €2.5m. This latest €2.5m would got towards matters like tuition, therapy, and appliances, counsel said.

Rachel's mother Jennifer told they were happy with this settlement. While Rachel had significant disabilities she was "absolutely all there and interested in everything". It was their desire to have her integrated into life as much as possible.

Mr Justice Kelly said although he had only read about Rachel from the court papers and had not met her, she was "in good health and top form" thanks to the excellent care her parents had given her and they were to be congratulated for that.

He said the annual payment system guarantee peace of mind for the rest of her life.

He had no hesitation in approving the settlement.