Interim Settlement of Birth Injuries Claim Approved

by | Dec 15, 2014

An interim settlement of a birth injuries claim has been approved at the High Court after a judge denied a request for a final compensation payment to be made.

Connor Corroon (19) from Mallow in County Cork was born at the Cork City general Hospital on February 6th 1995 after being starved of oxygen in the womb. As a result of the hospital´s negligence, Connor now suffers from cerebral palsy and is permanently disabled. He cannot speak and relies on a wheelchair for his mobility.

Through his mother – Judith Corroon – Connor made a birth injuries claim for compensation against the hospital and, in 2010, he was the first plaintiff to be awarded an interim settlement of compensation for catastrophic injuries pending the introduction of structured payment legislation.

Connor received a second interim settlement of his birth injuries claim last year and was due to receive a third payment this year as legislation for structured payments has yet to be introduced. On Connor´s behalf, his mother requested that this payment be a full, final payment as Connor has to undergo a series of assessments each time he re-appears in court.

At the High Court, Judith Corroon explained to Mr Justice Bernard Barton that she wanted her son to be able to get on with his life and not have it constantly interrupted for assessments by different experts. Claiming that Connor´s existence at present was akin to “being in a fishbowl”, Judith said that she was hoping that Connor would be able to go to college despite his disability.

However Judge Barton denied the application for a lump sum payment, stating that were the funds to run out later, it would be catastrophic for Connor. Instead he approved another interim settlement of the birth injuries claim for €1.45 million, bringing the total compensation paid to date up to €3.25 million.

Explaining his decision, Judge Barton said that he had recently received a consultation paper relating to the proposed Civil Liability (Amendment) Bill. The Bill aims to introduce a system of periodic payments next year to better serve plaintiffs with catastrophic injuries. The judge said that a periodic payment system would be in Connor´s best interests, and he adjourned the hearing for a further five years.

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