RC –v- HSE & Dr John P Corristine

The Plaintiff in this case, a 14 year old Portlaoise girl, who suffers severe dyskinetic Cerebral Palsy settled her claim against the HSE for a further amount of €9 million, having already received an interim payment in November 2013 of €2.6 million (see attached link for full background to case and details of the earlier settlement)

On this occasion the Plaintiff’s Next Friend decided to seek a balance lump sum payment because the awaited legislation providing for Periodic Payment Orders was not in place.  Each time a case of this nature comes back before the Court, the injured Plaintiff is required to undergo a large number of further medical assessments by both the Plaintiff’s and Defendant’s experts, as well as any medical treatment and assessments occurring as part of her normal care.

The amount of €9 million was recovered on the basis of a Real Rate of Return of 3%.  On the basis of the recent Court of Appeal decision in Gill Russell (a minor) suing by his mother and next friend Karen Russell –v- Health Service Executive which is currently being appealed to the Supreme Court, the Plaintiff’s legal team insisted on an “uplift” clause.  That is to say that should the Supreme Court uphold the Court of Appeal’s decision in Russell, the Plaintiff will be entitled to a further amount of several million in damages because of the reduced Real Rate of Return which would apply. 

Damages were sought under numerous headings and primarily related to future nursing care, aids and appliances, assistive technology, Special Needs Assistant and various therapies.

If you have any further queries, please contact Joice Carthy, Managing Partner.

November 2015

07 December 2015

    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

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