Boy (10) who 'suffered brain damage at birth' given €2m settlement
Published 22/10/2015 | 13:26
A 10-year old boy who it is claimed suffered brain damage at birth in a Cork hospital has settled his action against the HSE with an interim payment of €2m.
Lee Gibson has cerebral palsy and is confined to a wheelchair.
His case will come back before the High Court again in two years time for assessment of damages in the case.
His senior counsel told the court that it was one of the most complex cases to come before the courts.
Lee Gibson had through his mother Aileen Gibson, Carthage Place, Ringaskiddy, Co Cork sued the HSE over the crcumstances of his birth at St Finbarr's Hospital, Cork in 2005.
It was claimed Lee suffered a number of injuries to his brain due to a lack of oxygen and the effect of an untreated infection suffered by his mother.
The claims were denied and the settlement was without admission of liability.
In court Lee signed "thank you" to the judge after the settlement was approved by the court.
His mother said she had seen her son make great progress in his special school and he was learning to communicate and he will need touch-screen technology.
She told the court that Lee was a big fan of television and his favourite programme was Mrs Brown's Boys.
The money from today's interim award will go towards the cost of his past and future care and will be used to purchase a site so the family canbuild a specially adapted house.
Mr Justice Kevin Cross congratulated the boy's mother and family for the progress Lee had made and said he had no doubt he would become a "stunning member of the community in Ringaskiddy".
He also commended the family solicitor Susie Elliot and said "sometimes people criticise litigation as a means of achieving justice but he said sometimes it is the only way to achieve it".
The case was adjourned to November 2017.