The High Court has approved a â¬ 30million settlement for a 14-year-old boy with cerebral palsy.
This is the largest sum of damages on record for a birth injury case in the state.
Oran Molloy, from Birr in County Offaly, had sued the HSE through his mother Deirdre Molloy over the circumstances of his birth at Portiuncula Hospital in Ballinasloe, County Galway on December 31, 2006.
The day before, her mother had been hospitalized at 32 weeks gestation with an antepartum hemorrhage.
Oran was born on New Year’s Day by emergency casarian section.
He was unresponsive and had to be intensively resuscitated.
Oran suffered from a lack of oxygen and was diagnosed with cerebral palsy.
In her case, it was alleged that there had been negligence in the circumstances surrounding her birth.
The HSE has acknowledged its responsibility in this matter.
Oran cannot stand or walk without assistance, but he can walk on crutches for short distances and also uses a wheelchair for longer distances.
His cognitive functions are normal and he has been in high school since September 2020.
The High Court heard that his favorite subject was engineering and that in the future he wanted to become an electrical engineer.
Today, lawyers for Oran said negotiations in the case had been long and difficult, but said they were happy that the sum of 30 million euros was reasonable and would be sufficient to meet the needs of the company. ‘Oran.
They said he would provide all the care he needs, along with other aids and devices.
Denis McCullough SC, lawyer for Oran, told the High Court today that the real rate of return is an issue, but that it has “not been dealt with by agreement”.
“On our calculations,” the sum of 30 million euros “reflects an RRR of minus 1.5. This is not accepted by the defendant,” he said.
Judge Paul Coffey approved the settlement and offered his best wishes to Oran, as well as to his parents Deirdre and Adrian, who were in court today.
Speaking in court, Molloy family lawyer Gillian O’Connor said it was a “bittersweet day” for the family.
She said the 30 million euro award was a lot of money, but that the Molloy family “would return it without hesitation” if the night of December 31, 2006 could be changed and the “mistakes erased”.
âThis is the highest honor, but rightly so, as Oran will hopefully live a long and happy life,â she said.
Ms O’Connor said the state admitted responsibility for the case three weeks before the trial began in October, before asking for the case to be adjourned for another four years.
She said the Molloy family would like to thank everyone who has helped them on the road so far.
Ms O’Connor also said there was a periodic payment order (PPO) system but it was not tied to the right inflation predictors. They therefore demanded an annual payment linked to wage inflation.
“It was turned down, so we were forced to go for a lump sum,” she said.
She said they raised the issue of unfavorable financial markets and the “real rate of return” and what would be achieved on investments for Oran.
She said the prize itself was around 30-40%, perhaps 12 million euros more than what would normally have been awarded.
“This is because, in our opinion, this reward represents a negative real rate of return of (minus) -1.5%, not up to (plus) + 1.5% which was determined by Irish courts seven years ago “.