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Judge Calls for Structured Payment Systems for Hospital Negligence Compensation Settlements

A High Court judge has called for the introduction of structured payment systems for hospital negligence compensation settlements.

Over the years, a number of high-profile High Court judges have commented that legislation needs to be passed to enable structured payment systems for hospital negligence compensation settlements. Mr Justice John Quirke, Ms Justice Mary Irvine and Mr Justice Iarfhlaith O´Neill have previously said that settlements of hospital negligence compensation can be a lottery when they are awarded on the basis of the anticipated life expectancy of a catastrophically injured plaintiff.

Last month another high-profile High Court judge, Mr Justice Bernard Barton, added his voice to those calling for structured payments systems for hospital negligence compensation settlements when presiding over O’Neill vs National Maternity Hospital – a case in which the National Maternity Hospital wants to make an interim settlement of compensation, but the “next friend” of the plaintiff wants a full settlement.

The case revolves around a young girl, who was born at the National Maternity Hospital in 2007 suffering from cerebral palsy due to hospital negligence. Although liability has been admitted by the National Maternity Hospital, the case was before Judge Barton because the two parties cannot agree on how much hospital negligence the child is entitled to.

There are considerable differences of opinion between how much should be awarded for the girl´s future needs and future loss of earnings, and the National Maternity Hospital proposed an interim settlement of compensation with a review to be conducted over the next ten years to obtain a more accurate settlement figure. The girl´s “next friend” (her mother) declined the interim settlement on the grounds of the potential psychological harm she might suffer during ten years of assessments.

Both parties – and Judge Barton – agree that if structured payments systems for hospital negligence compensation settlements were introduced, it would be a far better way to resolve disputes over how much compensation a catastrophically injured plaintiff should receive. The negotiations continue under the watchful eye of Judge Barton, and it is hoped that an agreement settlement of hospital negligence compensation can be reached in the near future.

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Claim for the Inappropriate Use of Syntocinon Heard in Court

The High Court has heard details of a claim for the inappropriate use of Syntocinon during labour, which resulted in a baby being born with kinetic cerebral palsy.

On 20th July 2007,Patrick Brannigan was born by emergency Caesarean Section at Cavan General Hospital after his mother had been administered Syntocinon to speed up her labour (you can read about the risks associated with Syntocinon here).

The synthetic drug was administered despite a CTG trace showing that Patrick was in distress in the womb and, rather than help facilitate his delivery, the Syntocinon had the effect of depriving Patrick of oxygen.

Patrick was born suffering from dyskinetic cerebral palsy. Now seven years of age, Patrick is confined to a wheelchair and has no means of communication. He is cared for full-time by his parents and will never be able to lead an independent life.

Through his mother – Niamh Brannigan of Castleblayeny, County Monaghan – Patrick made a claim for the inappropriate use of Syntocinon during his mother´s labour, alleging that medical staff at Cavan General Hospital mismanaged his birth.

Cavan General Hospital acknowledged that the drug should never have been administered when there were signs of foetal distress and apologised to the family. A €2.1 million interim settlement of Patrick´s claim for the inappropriate use of Syntocinon was agreed, subject to approval by a judge.

Earlier this week at the High Court in Dublin, the circumstances leading up to Patrick´s birth were related to Mr Justice Kevin Cross. Judge Cross heard that Patrick is a cheerful, good humoured boy before approving the interim settlement of compensation.

The judge then adjourned the claim for the inappropriate use of Syntocinon for three years in order that reports could be compiled into Patrick´s future needs. It is hoped that legislation is passed within the next three years in order that a periodic payment structure can be used to resolve Patrick´s claim for the inappropriate use of Syntocinon.

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