ACL secure lump sum damages of over €11.6 million for an 11 year old girl with cerebral palsy

A full and final settlement of a further €9 million (bringing the total awarded to date to €11.6 million) was approved by the President of the High Court on Friday last in the case of Isabelle Sheehan who had sued consultant obstetrician Dr David Corr, who was carrying out a private practice at Bon Secours Hospital, Cork, at the time of the girl's birth in November 2004. Isabelle, known as Izzy, suffers from severe spastic quadriparetic cerebral palsy and is confined to a wheelchair.

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

News Links:

13 April 2016

    Gillian and all at Augustus Cullen Law, A million thanks for a great job done. Justice for our son at last!!

    Catherine, Liam & William

    Dear Michael, A great result was achieved because of your efforts and we were truly blessed to have you on our side.

    Kathleen, Medical Negligence Client

    Dear Joice…you are and have been very professional, sympathetic and dignified in all of your dealings with us and I put that down to one simple fact. You listened.

    James, Medical Negligence Client

    Geraldine, Thank you most sincerely for all your hard work and commitment to these children.

    Freda McKittrick, Head of Barnardos Beacon Guardian Ad Litem service

    Neil is an absolute gentleman to deal with – kind, tactful and very efficient. We could not praise him highly enough. He brought us through a horrible time.

    Sean, Medical Negligence Client

    Many thanks again for a job well done. We really appreciate all your hard work and practical advice.

    Corporate client in a commercial litigation matter

    Dear Jamie, You and your team in ACL were so professional, diligent and prompt. I have recommended you and the firm, and will continue to do so

    Lorraine McCarthy

    Gus Cullen and the firm’s approach to addressing the key issues was professional, yet personal, efficient yet attentive.

    BB

    The process is a difficult one and when you deal with people who are so professional and yet genuine/real people, it makes it so much easier... so thanks a million.

    Julie

    Request a Callback

    Looking for legal resource? Find them all in one place.We have compiled a helpful list for you.

    Useful Links