High Court Approves €1.5m Interim Settlement for Brain-Injured Teen

The High Court has approved an interim settlement of €1.5 million for 15-year-old Sarah McFeely from Letterkenny, Co Donegal, who suffered a brain injury at birth resulting from alleged negligence by the Health Service Executive (HSE). This is the fourth interim payment, bringing the total amount approved to €4.5 million.

Sarah, who has cerebral palsy and is severely disabled, sued the HSE through her mother, Bronagh Colhoun, for negligence and breach of duty. The case was first brought to court in 2013, with allegations that excessive amounts of a drug used to stimulate labor caused brain damage to the baby.

Why this matters: This case highlights the need for adequate legislation governing periodic payments for individuals with severe disabilities, ensuring their long-term financial security. Failure to address this issue may lead to repeated court appearances and uncertainty for families dealing with similar situations.

The family's solicitor, David O'Malley, welcomed the interim settlement but expressed frustration that Sarah has been waiting 11 years for adequate legislation governing periodic payments. O'Malley stated, "The actual cost as borne out by today's settlement far exceeds what the consumer price index would have provided... Sarah's needs cannot be equated to the average rise in consumer spending."

The case will return to court again in four years, with O'Malley urging the Minister to change the index rate by regulation to avoid other families being dragged through the courts every four years.

Sarah's condition has had a profound impact on her life. She has dyskinetic cerebral palsy affecting all of her body, with no movement on her right side. Her mother, a nurse, has cared for her since birth, providing the necessary support and medical care.

The legal action was launched in 2013 after allegations that the HSE was negligent in administering syntocinon, a drug used to induce labor. It was claimed that excessive amounts of the drug led to hyperstimulation, causing brain damage to Sarah.

The HSE conceded liability in an open letter in 2012, and the case has since been before the High Court for assessment of damages only. The first interim settlement of €1.3 million was approved in 2013, with two further payments approved in subsequent years.

The latest interim payment is intended to cover Sarah's needs for the next four years. The family's solicitor emphasized the importance of adequate Periodic Payment Order (PPO) legislation, which would provide long-term financial security for individuals with severe disabilities, avoiding the need for repeated court appearances.

Mr. Justice Paul Coffey approved the latest interim payment, wishing Sarah all the best for the future. The case highlights the ongoing need for legislative changes to better support families dealing with similar situations.

Key Takeaways

• 15-year-old Sarah McFeely receives €1.5m interim settlement for birth injury.
• Total approved payments now €4.5m for alleged HSE negligence.
• Sarah has cerebral palsy and severe disabilities due to brain damage at birth.
• Case highlights need for adequate periodic payment legislation for disabled individuals.
• Family's solicitor urges Minister to change index rate to avoid repeated court appearances.