Court awards €11 million to child who suffered brain damage at birth

Thursday 08 November 2012 00.21
The courts have been critical of the absence of legislation to allow for periodic payments
The courts have been critical of the absence of legislation to allow for periodic payments

A child who suffered brain damage due to alleged negligence during her birth at Tralee General Hospital is to be paid €11m.

The settlement for Brid Courtney, 9, was agreed without admission of liability by the Health Service Executive.

She took the case through her mother Deirdre Courtney, Killeacle, Ardfert, Co Kerry, arising from the circumstances of her birth in February 2003.

It is one of the largest settlements of its kind.

The case was before the court two years ago when an interim settlement was made for €2m.

It was adjourned in anticipation of new legislation which would allow for a system of periodic payments.

In the absence of such legislation, the case returned to the court where the judge was told a further €9m would be required for the future care needs of the child.

The courts have been critical of the fact that legislation which had been expected to allow for periodic payments has not yet come into force.