High Court rules man with locked-in syndrome to receive €10m

A man who has locked-in syndrome after an operation at Cork University Hospital is to receive a lump sum payment of some € 10m for future care needs in final settlement of his High Court action, bringing to € 15m his total settlement.

Mr Justice Michael Moriarty indicated he would award 32-year-old Eoin O'Mahony, Station Road, Blarney, some € 10m, the exact amount to be decided later.

“The figure reflects the gravity of the case and will meet Eoin’s future care needs,” he said. “No financial award can bring back Eoin and his family to a life of fullness and achievement he had every reason to aspire to.”

That sum, when added to previous payments totalling some €4.9m, will bring to almost € 15m the settlement for Mr O’Mahony in his case against the HSE.

The judge said he intended to award between € 10m and € 10.1m to Mr O’Mahony as a final lump sum payment to cover future care needs.

The exact figure will be finalised in October when the the judge will outline a breakdown of how the money is to be allocated.

Mr O’Mahony was a Leaving Cert student in 2001 and, on November 23rd, following complaints of headaches, he was referred to Cork University Hospital, Wilton, Cork.

He was readmitted four days later and underwent a procedure to reduced pressure on the brain. On November 30th, he underwent another brain procedure and partial removal of a tumour. On December 1st, 2001, he lapsed into a coma. He sustained devastating brain injuries.

The court heard he cannot even use his finger to press a button if he needs help and essentially suffers from locked-in syndrome.

Liability was conceded and Mr O’Mahony settled his action five years ago on terms including interim payments of €2.9m and € 1.2m.

Edmund and Karen O’Mahony, parents of Mr O’Mahony, previously pleaded with the court to finalise the case with a capital lump sum payment after 13 years in litigation. The couple sat through 19 days of hearings as their son’s future care needs were analysed.

Adrienne Egan SC, for the HSE, indicated the HSE will meet the costs of the case.

Mr Justice Moriarty, describing the case as “enormously long and complex”, asked both sides to consider an award of between € 10 and € 10.1m and he adjourned the case briefly.

When the matter resumed, David Holland SC, for the family, said they were prepared “to split the difference” but the State side was not in a position to do that.

Ms Egan said her side would prefer the judge to rule on the various items relating to future care needs which had been in dispute between the parties.

Mr Justice Moriarty said he would prepare a written judgment on the matter and confirm the final lump sum figure in October.

He directed that € 800,000 be paid out immediately to Mr O’Mahony to cover care in the intervening period.