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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Hospital and Negligence Compensation Award of €268m Completed by State Claims Agency from 2017-18

The total figure of compensation paid out by the State Claims Agency (SCA) in relation to hospital and medical negligence claims totals over half a billion euro from 2017-18

New figures published by Minister for Health Simon Harris indicate that the amount of of compensation paid out by the State Claims Agency (SCA) in 2018 was €268.45m for hospital and medical negligence cases – a rise of €18.6 million – or 7.5% – on the €249.77m handed over in 2017. This brings the overall amount of compensation for hospital and medical negligence paid out in 2017-18 to €518.2m.

The figures were published by the State Claims Agency (SCA) as part of a response to an official  Dáil Question from Fianna Fáil’s Finance spokesman, Michael McGrath. The response also indicated that the largest sum paid out in 2018 for hospital or medical negligence was €15.5m to an individual suffering with cerebral palsy.

Compensation cases made in relation to birth/pregnancy negligence or cerebral palsy made up seven of the top ten hospital or medical negligence payouts during 2018. The figures show that, in the seven cerebral palsy cases, an overall sum of €60.3m compensation was paid out in order to give adequate treatment for the people involved for the remainder of their lives.

The rest of the top ten was made up of cases including a pay-out of €6.3 million for a clinical procedure at surgery and a separate payout of €5.9m under the same category.

The smallest lowest payout in the top ten was €4.37mrelating to a clinical procedure in the Gynaecology service.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

€750k Hospital Failure to Diagnose Compensation for Teacher who Suffered Brain Aneurysm

Ms Lorraine Duffy, a Galway teacher who collapsed with a brain hemorrhage four years after being given the all clear in a brain scan has settled a High Court action for €750,000 failure to diagnose compensation.

Ms Duffy’s legal representative barrister John O’Mahony told the High Court she had attended the Galway hospital for a brain scan in 2008 as she was suffering from severe headaches particularly over her left eye. She was told that brain scan showed nothing abnormal and she was given the all clear. Four years later, in 2012, Ms Duffy was out running in 2012 when she collapsed.

Counsel said that at this point it was discovered that there was an aneurysm in the right side of the brain which should have shown up in the initial brain scan in 2008. Due to the failure to act on the 2008 brain scan Ms Duffy now has deficits because of injuries to the brain.

Ms Duffy (42) of An Creagan, Barna, Co Galway, took the failure to diagnose action against the Bon Secours Hospital, Renmore Road, Bon Secours Ireland Ltd and Bon Secours Health System Ltd of College Road, Cork which manages the Galway hospital. In addition to this she sought compensation from consultant radiologist Dr Davidson and Alliance Medical Diagnostic Imaging Ltd of Raheen, Co Limerick which was managed the diagnostic imaging at the Galway Hospital at the time of the 2008 scan.

Ms Duffy was given the wrong diagnosis of migraine headaches to be managed with medication. However, in the aftermath of her collapse in 2012 the matter was further investigated at a Dublin hospital and Ms Duffy was found to have been suffering from aneurysms.

Due to the brain injuries she suffered during the aneurysms Ms Duffy can now only do her job part time and will suffers from the consequences for the remainder of her life.

An apology by consultant radiologist, Dr Ian Davidson, of Bon Secours Hospital, Galway, was read to the court in which he acknowledged and apologised for “the failings” in respect of his care that led to the delay in diagnosis of Lorraine Duffy’s inter cranial aneurysm.

Dr Davidson stated: “I would like to offer my sincere sympathy and regret for the upset and harm you have suffered arising from the subarachnoid hemorrhage in May 2012”.

 

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

High Court Approves €1m Birth Injury Compensation for 13-Year-Old Girl

A birth injury compensation action against the Health Service Executive has been settled for €1m in the High Court after a girl, now 13-years-old, was not diagnosed with a serious hip abnormality at birth. The condition was not being diagnosed for six years and the young girl, Nyomi Millea Melvey, now suffers from a permanent disability.

The father of the young girl, Colin Melvey,  told the court that Nyomi is only able to walk for a period of three to five minutes before her hips become locked into position. He said his daughter has done really well considering the challenges she faces, but she has to work harder because of her disability. Mr Melvey went on to say that Nyomi will also require at least three hip replacement operations throughout her life.

The condition that Nyomi suffers from, known as bilateral hip dysplasia was diagnosed she was six-years-old and it was alleged that the options to address this were extremely limited due to the failure to diagnose this earlier.

Nyomi’s Legal Counsel, Mr Liam Reidy, spoke in the High Court saying that she was born with the condition where both hips were displaced, but that this was not diagnosed by the physicians present at the birth. Nyomi, they said, had been medically examined by medics on different times and there was an alleged failure to recognise the abnormality that she displayed.

Taking the failure to diagnose compensation action through her mother Wendy Millea, Nyomi sued HSE for compensation. Ms Millea had received antenatal care during her pregnancy at Waterford Regional Hospital. Nyomi was born on January 20, 2005, with bilateral hip dysplasia and the attending medical staff failed to recognise the condition. The conditions was not recognised until February 2011.

Additionally it was argues that there was a failure to recognise the underlying hip problem from simple observations despite the physical appearance of the infant and worries made known by her mother along with an alleged failure to refer her for evaluation by an orthopaedic surgeon (or a suitably qualified professional healthcare person).

The claims were denied by the HSE.

Mr Justice Paul Butler approved the settlement of €1,000,000 in birth negligence compensation.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Medical Negligence Compensation Settlement Agreed in Relation to Ectopic Pregnancy Death

Alan Thawley, whose wife Malak passed away during surgery for an ectopic pregnancy at the National Maternity Hospital (NMH) in 2016 has settled his High Court action for medical negligence compensation.

Mrs Thawley, aged 34 at the time of her death was expecting her first when she died at the Holles Street hospital on May 8, 2016.

In the initial hearing legal representatives for Mr Thawley advised the court last week that his wife’s death was a result of a “cascade of negligence”. Liam Reidy SC, representing Mr Thawley argued that the doctor who carried out the surgery on Malak, a teacher and a US citizen, was an inexperienced junior surgeon and was not adequately supervised.

He added that the ineptitude of the physicians could be highlighted particularly when a decision was taken to cool Mrs Thawley’s brain with ice. Upon discovery that there was no ice in the hospital two doctors were sent across the road to a pub to get ice as there was none in the hospital.

Mr Justice Anthony Barr was told, when the case came back before the court on Tuesday, that it was settled for compensatory damages only and aggravated or exemplary damages were not involved. No other specific details of the medical negligence settlement were provided to the court.

Commenting outside the court Alan Thawley said that he was happy to have come to a settlement after a long and harrowing process. He said: “There is no compensation that could replace the profound loss of my wife’s untimely and needless death”.

Mr Thawley went on to say: “The proceedings were brought forth to expose the cascade of negligence demonstrated by the hospital”.

He also committed to working with the Department of Health’s Ministerial Inquiry in a bid to prevent other people suffering, as he has, in the future.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Woman (60) has €5m Settlement for Medical Misdiagnosis Compensation Approved

Bernadette Surlis (60) from Co Roscommon has had her €5m medical misdiagnosis compensation settlement, in her litigation against the Health Service Executive (HSE) settled.

The legal action was in relation to the treatment she was given at Sligo General Hospital in 2013. Senior Counsel Mr Cush stated, if had Ms Surlis been speedily and correctly treated in November 2013, she would not have suffered the debilitating injuries that have changed her life completely. Mr Cush advised the court that liability was admitted by the Health Service Executive.

When she attended Sligo General Hospital on November 3, 2013, Ms Surlis was complaining of a headache, vomiting and had a dilated left pupil on her eye. However she was designated as category three ‘triaged’ case and left to wait for treatment for an additional three hours. ‘Triaged’ means that she was not treated as an immediate emergency requiring quick attention.

Doctors looked over her for symptoms of glaucoma and sent her home. However, she returned the very next day and, at this time, the severity of her ailments was “appreciated for the first time”.

Ms Surlis, who resides at Drinaum, Strokestown in Co Roscommon was moved to Dublin’s Beaumont Hospital on November 5 as she experienced a hemorrhage and severe/permanent injury. Mr Cush said the opinion of experts was that Ms Surlis, who now needs permanent care, will only slightly improve over the course of her life. She is aware of the severity of her condition and has difficulty communicating. However she can do so with the help of her close family members – three grown children and four sisters who live close to her.

It is claimed that if she had been sent to Beaumont when she first attended the Sligo Hospital she could have been treated in a correct manner and made a complete recovery and rehabilitation.

Now restricted to a wheelchair and living in a nursing home, Bernadette Surlis may realise her wish to return home in the future. Mr Justice Kevin Cross was advised that the misdiagnosis negligence settlement makes this a real possibility.

Judge Mr Justice Kevin Cross remarked that the medical misdiagnosis compensation settlement was a “reasonable and very good one”.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

1,000 Irish Deaths Due to Medical Negligence Every Year

Roger Murray, Head of the Medical Negligence Department at a leading law firm, told a recent Pathways to Progress conference on medical negligence that around 1,000 unnecessary deaths are happening annually in Ireland due to medical mistakes.

Mr Murray, joint Managing partner at Callan Tansey solicitors, went on to say that up to 160,000 people attending hospital for treatments suffer injuries due to human error. Mr Tansey, speaking during September at the gathering of solicitors, medical professionals and patients, insisted that there is “no compo culture” present when it comes to medical negligence compensation action in Ireland. He saidthat what we are currently seeing in the legal system in Ireland is just “the top of a very murky iceberg”.

Mr Tansey who has represented clients in a number of high-profile medical negligence compensation legal actions said that he feels that not all people injured in medical incidents make it known it while the HSE is alerted of 34,170 “clinical incidents” every year. Just 575 of these incidents lead to compensation claims against the HSE, a rate of less than 1.7 per cent.

The most commonly experienced cases, according to Mr Murray, relate to surgery (36 per cent) medicine (24 per cent), maternity (23 per cent) and gynaecology (7.5 per cent).

He emphasised that while injured patients and families do have pity for medical professionals after they make mistakes what “they cannot abide is systemic and repeated errors”.

He called for inn depth reviews to be completed when mistakes do occur. Mr Murray said he had seen many inquests where families learned that reviews had been completed following a death and, despite this, and the results were not disseminated to appropriate staff who could have learned from them.

 

 

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Judge Approves Settlement of Cerebral Palsy Claim for Compensation

A judge at the High Court has approved the settlement of a cerebral palsy claim for compensation that took eight years to resolve.

The cerebral palsy claim for compensation was made on behalf of a boy born at Cork University Hospital on August 11th 2008. Due to a multiple failures on the day of his delivery – and an avoidable delay in acting on a telling CTG trace – the boy suffered unrecognised foetal distress and was starved on oxygen in his mother´s womb.

As a result of hospital negligence, the boy was born with cerebral palsy. Now almost nine years of age, he suffers daily seizures due to his epilepsy, is confined to a wheelchair and has cognitive impairments that will prevent him from ever leading an independent life. He requires around-the-clock care which, until recently, was provided for him by his parents.

On their son´s behalf, his parents made a cerebral palsy claim for compensation against Cork University Hospital and the HSE. The HSE denied liability for the boy´s birth injuries until February, at which point legal representatives from both parties agreed a €15 million settlement of boy´s claim that will ensure his financial future and provide him with the care he needs for the rest of his expected life.

The details of the settlement were related to Mr Justice Kevin Cross at the High Court, who – after hearing an impact statement read to the court by the boy´s mother – ordered that $720,000 of the settlement be paid to the boy´s parents in special damages. The remainder will be paid into court to be managed on the boy´s behalf. The boy will also become a ward of court.

An apology from the Cork University Hospital was also read to the court before the judge formally approved the settlement of the cerebral palsy claim for compensation. The judge closed the approval hearing by saying that the settlement was a good one and by wishing the boy and his family well for the future.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Advice about Making a Lip Filler Injury Claim

Ensure you get appropriate and relevant legal advice from a solicitor about making a lip filler injury claim for compensation against a cosmetic surgeon.

In Ireland, lip filler procedures are usually carried out without complication. Although patients can suffer bruising, swelling and bleeding around the lips as a result of the procedures, these symptoms often disappear quickly with no long-term adverse effects. When more serious or permanent injuries occur, it may be possible to making a lip filler injury claim depending on the nature of the injury and its cause.

However, making a lip filler injury claim can be complicated. If you signed a contract consenting to the procedure after having been informed the injury you sustained was a possible risk, the cosmetic surgeon will deny liability for your injury. Similarly, if the injury could not have been avoided at the time and in the circumstances, a lip filler injury claim for compensation will likely be unsuccessful.

The success of a lip filler injury claim largely depends on the same criteria as a medical negligence claim – that “on the balance of probabilities” the cosmetic surgeon, the surgery, or an agent of the surgery demonstrated a lack of skill, and that lack of skill resulted in you sustaining an avoidable injury. Because the criteria is similar to a medical negligence claim, you cannot apply to the Injuries Board for an assessment and your case has to be handled by a solicitor.

After reviewing any pre-treatment contract you entered into and asking you about whether or not you gave your informed consent, your solicitor will usually engage a medical expert to ascertain the level of injury you have sustained, confirm that it could have been avoided with greater care, and – in the event of asymmetry or other irregularities – assess whether the injury can be reversed.

Once sufficient evident of negligence has been collected to support your lip filler injury claim, your solicitor will write to the cosmetic surgeon, providing details of the claim made against him or her, and requesting an offer of settlement. Should you be approached at this time by the cosmetic surgeon or their insurance company with a private offer of settlement, you must refer it to your solicitor.

When negligence has been acknowledged, your solicitor will negotiate an appropriate settlement of your claim based on the level of injury you have sustained, your pain and suffering (include mental suffering if you have experienced a lack of confidence), your age, previous state of health and your motive for undergoing the procedure in the first place.

Because of the complexity of making a lip filler injury claim, it is very important that you seek professional legal advice that is relevant to your specific circumstances. There are many different types of injury that can be sustained due to negligent lip filler procedures, and each one will affect patients differently. Therefore ensure you get appropriate and relevant legal advice from a solicitor at the first possible opportunity.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Claim for a Negligent Laparoscopy Procedure Resolved at Court

A claim for a negligent laparoscopy procedure has been resolved at the High Court, with the plaintiff being awarded more than €855,000 compensation.

In June 2002, the plaintiff – a fifty-year-old woman from Grenville in County Laoise – attended the Portlaoise General Hospital (now the Midland General Hospital) to undergo a routine laparoscopy. The objective of the procedure was to establish why the woman was unable to fall pregnant; but, while a trocar was being inserted into her abdomen to facilitate a telescopic examination, the surgical instrument tore an artery, causing the plaintiff to haemorrhage and lose eight pints of blood.

The woman was taken to the hospital´s intensive care unit, where she was placed on a ventilator. She remained on life support for two days and was kept under observation for a further four days before being allowed to leave the hospital. Due to the negligent laparoscopy procedure, the woman has a large scar on her abdomen and continues to experience pain in the abdominal region – pain that will likely remain with her for the rest of her life.

After an investigation was launched into the standard of her care, the woman made a claim for a negligent laparoscopy procedure against her consultant obstetrician – Dr John Corristine – and the Midland Health Board (now the Health Service Executive). The claim for a negligent laparoscopy procedure alleged there had been a failure to take adequate precautions for the woman´s safety and to ensure the equipment used during the procedure was in a good and proper working order.

The consultant obstetrician and HSE acknowledged liability for the mistakes made during the procedure, for the large scar on the woman´s abdomen, and her initial pain and suffering. However, the connection between the negligent laparoscopy procedure and her ongoing pain and suffering was contested. As no resolution to the claim could be found by negotiation, the case proceeded to the High Court where it was heard by Mr Justice Kevin Cross.

At the hearing, Mr Justice Kevin Cross heard medical evidence supporting the connection between the negligent laparoscopy procedure and the woman´s ongoing pain and suffering. The judge was also told that her condition was likely to deteriorate in the future. Judge Cross found the woman´s quality of life had been significantly impaired as a result of the hospital´s lack of care, and he awarded the plaintiff €855,793 in settlement of her claim for a negligent laparoscopy procedure.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Details of Claim against the HSE for a Brain Injury at Birth Heard in Court

Details of a claim against the HSE for a brain injury at birth have been heard in the High Court prior to the approval of a €15 million lump sum settlement.

The claim against the HSE for a brain injury at birth was made on behalf of a ten-year-old boy, whose birth on May 25th 2006 at Kerry general Hospital was avoidably delayed by more than two hours. Due to a series of systematic failings, the boy was starved of oxygen in the womb and diagnosed with mixed dyskinetic spastic cerebral palsy shortly after he was born.

Among the series of failings related to Mr Justice Peter Kelly at the High Court were the failure to act on a CTG trace indicating foetal distress, the failure to consider foetal hypoxia, and the inform the consultant obstetrician about a worrying pattern developing in the foetal heart rate. Now ten years of age, the boy cannot speak, is confined to a wheelchair and requires around the clock care.

The judge also heard that the HSE failed to admit liability for almost nine years despite a consultant admitting to the boy´s parents in 2006 that mistakes had been made. During this time, the boy´s parents had to care for him without the support usually provided for parents of children with cerebral palsy. This was not lost on Judge Kelly, who paid tribute to the boy´s parents for the care they had provided.

Eventually, the judge was told, the HSE only admitted liability after being threatened with aggravated damages. A €2.7 million interim settlement of the claim against the HSE for a brain injury at birth was approved in early 2015, and the lump sum payment he was being asked to approve was a final payment that would be held and managed by the courts.

Judge Kelly described the €15 million lump sum settlement as making “commercial, common and legal sense”. He approved the settlement of the claim against the HSE for a brain injury at birth, adding that while no amount of money could compensate the boy and his family for what they had experience, it was the only form of redress the law could provide. The judge closed the hearing by saying he hoped the settlement would give the family peace of mind for the future.

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