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20/04/2012
€11.5 Personal Injury Settlement Highest-Ever Paid
A High Court judge has said that the courts are "gambling" daily with the welfare and lives of those who suffer catastrophic injuries.
The criticism of what was called a “failure to legislate to ensure life-long care needs” came as Ms Justice Mary Irvine approved a settlement of €11.5 million for a young boy left quadriplegic after a road crash.
The lump sum settlement, paid in the case of 10-year-old Cullen Kennedy, is the highest-ever made in a personal injuries action.
Justice Irvine said: "The reality is the courts don't know when people are going to die.
"We are gambling every day."
Cullen suffered devastating injuries after what the court heard was a "momentary lapse of concentration" by his mother Margaret while driving him to school on May 5th, 2008, distracted by her son her uninsured car veered onto the wrong side of the road and collided head-on with another car.
The other driver suffered minor injuries, and Mrs Kennedy suffered some injuries, but Cullen, who was restrained in a booster seat in the back of the car, suffered very severe injuries after his head hit the front windscreen. As a result, he is quadriplegic and will require 24-hour care for life.
Cullen's mother and grandmother play a large part in providing that care at his mother's rented home and are supported by nurses and special needs.
Suing through his grandmother Monica Kennedy, Cullen had brought proceedings against his mother and the Motor Insurance Bureau of Ireland (MIBI). Under the agreed settlement, the MIBI will pay the judgment sum.
While stressing the settlement in this case was "excellent" as it was expected to meet all Cullen's lifelong care needs, Ms Justice Irvine said the continuing failure to enact laws providing for period payment orders involved injustice as some catastrophically injured persons would run out of funds for their care.
(H)
The criticism of what was called a “failure to legislate to ensure life-long care needs” came as Ms Justice Mary Irvine approved a settlement of €11.5 million for a young boy left quadriplegic after a road crash.
The lump sum settlement, paid in the case of 10-year-old Cullen Kennedy, is the highest-ever made in a personal injuries action.
Justice Irvine said: "The reality is the courts don't know when people are going to die.
"We are gambling every day."
Cullen suffered devastating injuries after what the court heard was a "momentary lapse of concentration" by his mother Margaret while driving him to school on May 5th, 2008, distracted by her son her uninsured car veered onto the wrong side of the road and collided head-on with another car.
The other driver suffered minor injuries, and Mrs Kennedy suffered some injuries, but Cullen, who was restrained in a booster seat in the back of the car, suffered very severe injuries after his head hit the front windscreen. As a result, he is quadriplegic and will require 24-hour care for life.
Cullen's mother and grandmother play a large part in providing that care at his mother's rented home and are supported by nurses and special needs.
Suing through his grandmother Monica Kennedy, Cullen had brought proceedings against his mother and the Motor Insurance Bureau of Ireland (MIBI). Under the agreed settlement, the MIBI will pay the judgment sum.
While stressing the settlement in this case was "excellent" as it was expected to meet all Cullen's lifelong care needs, Ms Justice Irvine said the continuing failure to enact laws providing for period payment orders involved injustice as some catastrophically injured persons would run out of funds for their care.
(H)
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