Ms Justice Mary Irvine has repeated the call for a system of periodic payments for victims of catastrophic injuries to be introduced after approving a 5.5 million Euros child head injury settlement at the High Court.
The judge said that the current system of lump sum payments means “we are not protecting the welfare of the young and most vulnerable in society”. Ms Justice Mary Irvine was speaking at the conclusion of a case brought before her concerning the approval of damages for nine-year-old Ian Cusack, who was left a spastic quadriplegic with cerebral palsy following a tragic accident when he was just five years of age.
Ms Justice Mary Irvine heard that Ian – from Clarina, County Limerick – was leaving home with his mother Oorla to attend dancing classes in September 2008 when, as his mother´s attention was distracted, he crossed the road outside the family home with his dog. Although safely reaching the opposite pavement, Ian bent down to stroke his pet, at which time he was hit by a car driver by Niamh Cusack – also of Clarina, County Limerick.
Ian suffered devastating head injuries in the accident, due to which he is completely dependent on his mother and healthcare workers, is unable to speak and is prone to spasms. In July 2010 Ian was admitted to the St. Joseph´s Foundation in Charleville, Cork – a respite facility and long-term home for children. However, due to Health Service Executive cut-backs, care can only be provided during the week.
Through his mother, Ian made a claim for compensation for his injuries against Niamh Cusack and, although liability was denied, a child head injury settlement of 5.5 million Euros was agreed. After hearing the tragic details of the case, Ms Justice Mary Irvine approved the settlement and repeated her call for a more suitable structure to be introduced for victims of catastrophic injury.