THE HIGH Court has approved an offer by the State to pay an interim sum of €1.6 million for a teenage boy with cerebral palsy in part settlement of his action over alleged negligence in the circumstances of his hospital birth.
The case, in which the State is indemnifying the hospital and doctor being sued, may be the first where a system of phased payments aimed at providing lifelong care in such cases will be introduced.
Mr Justice John Quirke, a long-time advocate of a system of phased payments rather than the existing system of “lump sum” one-off payments, yesterday approved the interim payment for Conor Corroon (15) and adjourned the case to October 2011, by which date he hoped the sysytem of phased payments would be in place.
The judge said the €1.6 million offer from the State, which is indemnifying the defendants, was a good offer. Even if the system of periodic payments was not in place by October 2011, the case would resume where it had left off and the interim payment would ensure Conor would not lose out, he said. Addressing the parents concerns and initial reservations about the offer, the judge said he did not believe the system involving lump sums was working.
The judge said a system of index-linked periodic payments is preferable to the current system whereby a lump sum is paid to plaintiffs who are usually made wards of court and have the money invested on their behalf.
Conor, through his mother Judith Mary Corroon, Copestown, Mallow, Co Cork, had sued City General Hospital, Cork, and Dr Pallany Pillay, both of Infirmary Road, Cork, over the circumstances of Conor’s birth on Feburary 6th, 1995. Liability was conceded and the case was before the court for assessment of damages only.