Judge refuses €20,000 settlement offer for boy who lost fingertip

A judge in the Circuit Civil Court has refused a €20,000 settlement offer to a three-year-old boy who lost the top of his left ring finger in what was described as “a traumatic incident” involving a creche door.

Circuit Court president Mr Justice Raymond Groarke said it was too early to determine if the offer was enough to compensate Kyle Tighe Donoghue as the accident had happened only last December.

Barrister Peter Maguire told the court that Kyle had been taken to the toilet at Doras Bui Creche at Bunratty Drive, Coolock, Dublin, when another child "negligently" slammed and closed the toilet door on his left hand, severing the top joint of his finger.

The court heard that when Kyle’s mother, Rachel Tighe Donoghue, of Bunratty Road, Coolock, arrived at the creche, the boy was with a staff member and had a baby wipe over his injured finger.

Mr Maguire on Tuesday said Ms Tighe Donoghue was told Kyle had an injury to his finger which would need to be stitched.

The court heard an ambulance was called and on the way to Children’s University Hospital, Temple Street, Dublin, a paramedic, who wanted to dress Kyle’s wound, discovered that the top of the boy’s finger was missing.

Toilet door

Ms Tighe Donoghue had made an urgent call to the creche to recover the severed part, which, the court heard, was later found still attached to the toilet door.

Judge Groarke was told that Kyle’s fingertip was appropriately packaged by creche staff and sent to the hospital, where it was reattached under general anaesthetic. He had been released the next day.

Kyle, through his mother Rachel, sued Doras Bui Creche, A Parents Alone Resource Centre Ltd for negligence.

Mr Maguire said Kyle’s finger had no functional deficit. The court heard Kyle’s sleep had been disturbed since the accident and there was concern that he may have a residual psychological trauma.

Counsel told the court the creche had made a €20,000 settlement offer, which he was not recommending. He said a full recovery was anticipated but further medical reports would be needed.

Judge Groarke, refusing the offer, said he agreed with Mr Maguire that it was far too early to determine the matter. The case will now go to a full hearing, at a date to be determined by the Circuit Court office.