A senior judge has repeated her call for the introduction of periodic payments of compensation in Ireland for victims of catastrophic injury.
Ms Justice Mary Irvine made her comments while presiding over a case adjourned in 2010 in anticipation of legislation permitting periodic payments of compensation in Ireland. “I am not going to extend the hardship any further” said the judge, highlighting the fact that a number of cases are scheduled to be heard in which claimants are suffering due to the delay in legislation.
The judge noted that lump sum payments were often inappropriate because if the life expectancy of a claimant was wrongly estimated, either the injured claimant could run out of money to provide the care they need long before they die or – as happened recently – a claimant could die within a short time of an award being made – with their family being the recipient of a substantial windfall at the expense of the State.
Ms Justice Irvine added that a High Court Working Group had unanimously recommended three and a half years ago that a system of periodic payments of compensation in Ireland be established, but the Government were yet to act on the recommendation and there was no sign that any legislation was forthcoming.
In July, Ms Justice Mary Irvine announced “we are not protecting the welfare of the young and most vulnerable in society” after approving an award of 5.5 million Euros to a child who had been born with cerebral palsy due to hospital negligence and on this occasion added that she had the support of Mr Justice Nicholas Kearns – President of the High Court.