Settlement of €2.9m for boy (4) who sued mother
Published 13/02/2010 | 05:00
THE High Court has approved a €2.9m settlement in the case of a baby boy who was blinded and severely brain damaged when the car his mother was driving hit a wall.
Ben McHale, who is now aged four, sued his parents, Disislave and Marcus McHale from Northview, Fethard Road, Clonmel, Co Tipperary, following an accident in April 2006. Ben was four months old at the time.
Suing through his uncle, William McHale, the action was also against the Motor Insurers Bureau of Ireland, as Mrs McHale was not insured to drive her husband's car. Liability was conceded.
The court heard the accident occurred on the Clonmel to Kilkenny Road, near Clonmel, when Mrs McHale suffered a blackout. The car glanced off a tree and crashed into a wall.
Ben suffered a severe head injury and was also blinded.
The court heard there was a possibility Ben's future brain development may benefit from stem-cell treatment being undertaken in Germany.
In papers submitted to the court, it was alleged that he was not properly restrained in the back seat of the car.
Following the accident, Marcus McHale had to give up his valeting business to help look after his son, along with his wife, the court was told by counsel for the boy.
The family had also got into difficulties with the mortgage on their home and an order for its repossession was made because they were €35,000 in arrears.
Mr Justice John Quirke approved the settlement and extended his sympathy to the McHale family.