11/06/2008

€4.5 Million Pay Out For Brain Damaged Boy

A Dublin Hospital has agreed to compensate a young brain damaged boy with €4.5 million, but only after an epic legal battle.

Paul Kieron Fitzpatrick sued through his mother, Michelle Fitzpatrick of St Catherine's Close, Carman Hall, Dublin, for injuries allegedly sustained during his birth on December 26, 2001.

The hospital, which denied negligence, settled with six year-old Paul without admitting liability.

However, the case is due back in the Supreme Court next week on foot of the hospital's appeal against a High Court finding, last March, that it was liable for Paul's injuries.

After the State's longest-running birth injury case, Mr Justice Daniel Herbert found the hospital was liable for Paul's injuries, saying Paul would not be severely mentally and physically disabled except for the "substandard and negligent" management of his birth.

Following the settlement, Paul's Mother in a statement said: "The hospital has been fighting this case for years and the fact that they have now settled the case for €4.5m in our opinion speaks for itself.

"We would now like to try and move on with our lives and make a good future for our son Paul Kieron and give him all things that he needs."

(DW)


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