A High Court judge has denied a plaintiff a lump sum compensation settlement, saying that it would be catastrophic if he approved it and the money ran out later.
The plaintiff – Connor Corroon from Mallow in County Cork – had made his appeal to the High Court for a lump sum compensation settlement having twice previously received interim payments of compensation for birth injuries due to negligence.
Connor was born at the Cork City General Hospital in 1995 with cerebral palsy after having been deprived of oxygen in the womb. Now 19 years of age, Connor is permanently disabled, confined to a wheelchair and cannot speak.
Through his mother – Judith – Connor successfully made a claim for compensation against the hospital in 2010 and was awarded an interim settlement of €1.6 million. A second interim payment of compensation amounting to €475,000 was made last year while reports were being conducted into Connor´s future requirements.
Prior to this hearing, Judith had asked the court of her son´s behalf to approve a lump sum compensation settlement on the grounds that Connor had undergone more than twenty assessments in preparation for return visits to court, and that she wanted her son to be able to get on with his life and not have to continually undergo assessments.
However, at the High Court, Mr Justice Bernard Barton denied the application for a lump sum compensation settlement – stating that it would be catastrophic if the court authorised a final payment and the funds ran out. Instead, the judge approved a further interim payment of €1.45 million and adjourned Connor´s claim for another five years.
The judge explained his decision to the family by informing them that he – along with other judges presiding over this type of case – had just received a consultation paper from the Department of Justice relating to legislation for the introduction of structured periodic payments. A proposed Civil Liability (Amendment) Bill was hoped to be passed this year, but could become legislation within the next few months.