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.
07 December 2015