08 Jul Highest ever settlement for personal injury claim awarded
A nine-year-old boy was awarded a settlement of over €32 million, making it the biggest ever personal injury claim in the history of the Irish state.
The personal injury case
Earlier this month, Benjamin Gillick was awarded €25 million, after already receiving interim damages of €6.7 million three years ago. His parents made the claim on his behalf.
As a baby, the boy was left brain damaged after the Children’s University Hospital, Temple Street in Dublin failed to diagnose an infection. He now has cerebral palsy and cannot talk.
At 11 months old, he underwent a procedure to drain fluid from his brain and a shunt was inserted. Later on, he became unwell and his parents returned to the hospital. Though a shunt infection is a known complication of the procedure he had, the hospital went three days without investigating this possibility. In this time the child’s state deteriorated and the delay contributed to his disability. This was the cause of the negligence.
The hospital admitted liability and the case went before the High Court to assess the amount of damages to be rewarded. Mr Justice Kevin Cross approved the second €25 million settlement. Included in the payment is the full cost of Benjamin’s care and specialist schooling.
Claims based on medical negligence can only be made where someone else is to blame for your injury. In certain medical situations, injuries are unavoidable and aren’t as a result of negligence. For a personal injury claim, a medical professional must be shown to be liable for your injuries due to a lack of skill or carelessness.
In the above case, it was claimed that the hospital was negligent in the areas of investigation, diagnosis, treatment and care of the shunt infection. Misdiagnosis or the lack of a timely diagnosis can lead to devastating injuries and disabilities for patients, as seen in this case.
Seeking legal advice
If you believe you or a family member may be the victim of medical negligence, such as misdiagnosis or inadequate care, you may be entitled to make a personal injury claim.
As proving medical negligence is difficult, it is wise to contact a solicitor for advice as soon as possible.
Ferrys Solicitors LLP Dublin will assist you in court or in reaching a fair settlement. Our expert team of personal injury solicitors can advise you on your claim.
Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors now.