The case was initially before the Courts in 2011 when the Defendant admitted liability and an apology was read to the Court on his behalf. Two interim payments were secured in the intervening years. Last week the case was back before the court to be dealt with on a lump sum basis.
After a number of day’s negotiations by ACL and Counsel, on behalf of the family, it was outlined to the Court that the sides had finally arrived at terms of agreement which they were recommending to the Court.
Mr Justice Peter Kelly said it was very understandable that Isabelle's parents were weary of interim settlements and it underscored the acute necessity for legislation to be introduced in relation to periodic payments. He also paid tribute to the parents stating that it was quite clear that without the commitment that they have demonstrated so admirably Isabelle would not have made the progress which she has.
In approving the agreement, Mr Justice Kelly said that having listened carefully to the position that Isabelle is in and considering the detailed terms put before him he was satisfied that it was a prudent and reasonable settlement.
The total sum received by Isabelle Sheehan in compensation to date amounts to €11,635,000. The settlement on Friday last is subject to a final determination in the Supreme Court in the case of Gill Russell v HSE in relation to the “real rate of return” and therefore it is anticipated that there will be a further substantial uplift on the final award of damages to be paid following a final decision in that test case.
If you have any further queries, please contact Michael Boylan, Partner and Head of Medical Negligence Group
13 April 2016