A nine-year-old schoolboy who fractured a bone in his leg at a creche in 2014 was awarded €52,600 creche fall compensation against its the operators of the establishment.
Barrister Ronan Quinn, representing for Ms Andrea Geraghty and her Cillian, from Airpark Court, Stocking Lane, Rathfarnham, Dublin 16, said Cillian was with a group of children taken to the washroom to use the facilities on September 17, 2013, just days after his fourth birthday.
Mr Quinn, who was appearing in court along with Joe Clancy Solicitors, informed the court that Cillian broke a thigh bone due to fall and was restricted in his movement confined for some weeks at home in a right hip spica cast. Andrea told Circuit Court President Mr Justice Raymond Groarke that a light was suddenly switched off and on which startled Cillian and fell in the washroom at the creche.
Cillian was taken to Crumlin Hospital on the day of the accident for treatment. Physicians at the children’s hospital decided to keep the boy in overnight before he underwent surgery the following day.
Mr Quinn informed the court said that, after initial treatment and care, Dr Paula Kelly, consultant orthopaedic foot and ankle surgeon at the Beacon Consultants Clinic, Sandyford, Dublin, recorded a 0.5mm length discrepancy between Cillian’s right leg and his left. However she later noted that this had resolved during subsequent examinations.
Ms Geraghty advised the court through an affidavit that the Personal Injuries Assessment Board (PAIB) had suggested a creche fall compensation award €32,000 for Cillian’s injury. However, she was not happy to accept this. Due to this more settlement negotiations were held between all parties involved and RSA Insurance, on behalf of the creche, had made an new compensation offer of €50,000.
Ms Gerathy told the court that the family had also had to repay a figure of €2,000 to their private health insurers.
Judge Groarke, who said he was happy from Ms Geraghty’s assurances to the court that Cillian had been fully rehabilitated after the accident. He approved the creche fall compensation settlement terms of €52,600.