A third interim settlement of a claim for birth injuries compensation has been approved at the High Court after a judge refused a request for a final payment to be made.
Nineteen-year-old Connor Corroon from Mallow in County Cork was born on February 6th 1995 at the Cork City General Hospital having been starved of oxygen in the womb. As a result of the hospital´s negligence, Connor now suffers from cerebral palsy and is permanently disabled.
On her son´s behalf Judith Corroon made a claim for birth injuries compensation against the hospital and, in 2010, Connor became the first plaintiff to be awarded an interim settlement of compensation instead of a lump sum payment pending legislation to introduce a system of periodic payments.
Connor received a second interim settlement of his claim for birth injuries last year and was due to receive a third interim settlement as legislation for periodic payments is yet to be introduced. On Connor´s behalf, Judith requested that this third payment be a final lump sum settlement her son has to undergo a series of assessments prior to the interim settlements being approved.
At the High Court, Judith told Mr Justice Bernard Barton that she wanted Connor to be able to get on with his life and not have it constantly interrupted for assessments by different experts. She felt that Connor was “in a fishbowl” each time experts came to assess his needs and said that she was hoping Connor would be able to go to college despite his disability.
However Judge Barton denied Judith´s request for a lump sum payment; stating that were he to approve a full and final payment and the funds ran out later in Connor´s life, it would be catastrophic for Connor. The judge approved a third interim settlement of Connor´s claim for birth injuries compensation – explaining that he had recently received a consultation paper relating to the proposed Civil Liability (Amendment) Bill.
The Civil Liability (Amendment) Bill is an act of legislation proposed by the Department of Justice that aims to introduce a system of periodic payments next year. The judge said that a periodic payment system would be in Connor´s best interests, and he adjourned the hearing for a further five years.