Sunday 30 April 2017

€15m for boy over injuries at birth

‘Extraordinary care and love’: Tadgh Costello and his family Picture: Courtpix
‘Extraordinary care and love’: Tadgh Costello and his family Picture: Courtpix

Tim Healy

A boy who was brain damaged at birth is to receive a €15m lump sum payment in final settlement of his High Court case.

It brings to €17.8m the total paid out to Tadgh Costello (10) in settlement of his action over "devastating" injuries suffered during his birth at Kerry General Hospital on May 25, 2006.

Tadgh, of Gurrane East, Sunhill, Killorglin, Co Kerry, needs 24-hour care, cannot speak and is confined to a wheelchair, the court heard.

Approving the settlement, the President of the High Court, Mr Justice Peter Kelly, paid tribute to Tadgh's parents, Mary and Gerard Costello, for the "extraordinary care and love daily provided" to the boy and their other children.

While no money would compensate Tadgh and his family, it was the only form of redress the law could provide and will give peace of mind that there is a fund to care for his needs in to the future, he said.

In a letter handed into court, Tadgh's mother Mary set out why the family wanted to finalise litigation with a lump sum payment.

She said the value to the settlement reflected the gravity of the injuries and her son has complex medical needs.

She said the family had had enough of the legal battle which had gone on for 11 years and that they had reached their limit of endurance.

In a statement outside court yesterday, Gerard and Mary Costello said: "Today marks the end of a very long struggle in finally getting justice for our darling boy Tadgh.

"The courts are not the place for a family like ours with a disabled child.

"However, we are grateful that the legal system prevailed to see that justice was done today for Tadgh.

"We would dearly love to give every penny of this back if somehow Tadgh could magically do normal things like walk or talk or play football with his brothers and sisters. Sadly for us this can't be."

They said nothing can compensate for the loss of what could have been.

Irish Independent

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