Child who injured cheek at creche awarded €45,000

A judge has approved a €45,000 settlement for a seven-year-old child who five years ago injured her cheek on a nail or piece of metal jutting out from a table in a Co Dublin creche.

Barrister Mark Curran told Judge John O’Connor in the Circuit Civil Court today Friday that the then toddler, Maireád Mass, had been left with a scar on her right cheek.

Mr Curran, who appeared with Benville and Robinson Solicitors for the girl and her mother Ruth Kirira, told Judge O’Connor he was asking the court to reject a settlement offer of €38,000 from Simbas Childcare, Stradbrook Park, Blackrock, Co Dublin.

He said the Personal Injuries Board had assessed damages at €30,000 and when this had been rejected by the girl’s legal team a new offer of €38,000 had been made.

Mr Curran said that initial negotiations had been led by barrister Padraic Hogan who considered the new offer too light and had estimated reasonable damages in the region of €50,000.

He told the court that the child of Seafield House, Seafield Avenue, Monkstown, Co Dublin, had brushed her right cheek against a table in the creche. A nail or piece of sharp metal had cut into her cheek and had today resulted in a noticeable scar which, for a girl, was a significant injury.

Judge O’Connor said that while the wound had healed quite well Maireád had been left with a small scar and adjourned the court briefly to allow Mr Curran and his instructing solicitor consult with the insurance company covering the creche.

When the case was resumed Mr Curran said the offer had been increased to €45,000 and he was recommending acceptance of it to the court. Judge O’Connor approved the new settlement offer.

Medical reports indicated that while a plastic surgeon shortly after the incident considered surgical intervention unlikely to improve the look of the injury, Maireád had been left with a small facial scar despite her wound having healed well.