Man to get lump sum over brain injury

A High Court judge yesterday ruled that a man left with locked-in syndrome after an operation at Cork University Hospital can now get a final lump sum payment, rather than return to court every few years for a periodic payment.

Mr Justice Michael Moriarty made his decision following an appeal from the family of Eoin O’Mahony, Blarney, Co Cork, to allow their court litigation to end after 13 years.

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

He was readmitted four days later and underwent a procedure to reduce pressure on the brain.

On November 30th, he underwent another procedure and partial removal of a tumour but on December 1st, 2001, he lapsed into a coma.

The High Court heard that Mr O’Mahony, now 30, cannot walk or talk and is fed through a tube.

Paul Sreenan SC, for Mr O’Mahony, said he could not even use his finger to press a button if he needed help and essentially suffered from locked-in syndrome.

Action settled

Through his mother Karen, Mr O’Mahony had sued the Health Service Executive over his injuries.

Four years ago, he settled his High Court action with an interim payout of €2.9 million and a further interim payment of €1.2 million two years ago.

Mr O’Mahony’s family had pleaded with the court to allow their legal case to finally end with a capital lump sum payment.

Senior counsel for Edmund and Karen O’Mahony, Station Road, Blarney, Co Cork, told the court the family had also lost confidence in “the State’s bona fides” in bringing in legislation to allow for periodic payments for the catastrophically injured.

In his ruling, Mr Justice Moriarty said Mr O’Mahony’s family viewed a future of returning to court to decide on periodic payments with deep depression and anger.

He said the legislation providing for periodic payments for the catastrophically injured was not yet in place, though he accepted that it was on the books for next year, as counsel for the HSE told the court.

In making his decision, the judge said he took into consideration the facts of the case, and that liability had been conceded.