A man who has locked-in syndrome after an operation at Cork University Hospital is in line for a €10m lump sum payment in a final settlement of his High Court action.
Mr Justice Michael Moriarty indicated he will award Eoin O'Mahony,32, in the region of €10m, bringing to a total of €14.9m paid to the Cork man in his case against the HSE.
Justice Moriarty said he intended to award between €10m and €10.1m to Mr O'Mahony as a final lump sum payment to cover his future care needs.
The exact figure will be finalised in October when the the judge gives an exact breakdown of how the money is to be allocated.
Mr O'Mahony was a Leaving Certificate student in 2001 when he had headaches and was admitted to Cork University Hospital, where brain surgery was carried out.
He later lapsed into a coma-like state and the High Court heard Mr O'Mahony has devastating brain injuries.
Liability was conceded in the case and five years ago Mr O'Mahony, from Station Road, Blarney, settled his High Court action with an interim payout of €2.9m and a further interim payment of €1.2m three years ago.
Justice Moriarty today said his case had been "enormously long" and complex.
"No financial award can bring back Eoin and his family to a life of fullness and achievement he had every reason to aspire to," the judge said.
He added: "The figure reflects the gravity of the case and will meet Eoin's future care needs."
Mr O'Mahony’s parents, Edmund and Karen O'Mahony, had previously pleaded with the court to finalise the case with a capital lump sum payment after 13 years in litigation.
The couple sat through 19 days of hearings as Mr O'Mahony’s future care needs were analysed.
Yesterday, Counsel for the Health Service Executive, Adrienne Egan SC indicated that the HSE will be paying the costs of the long-running case.
Justice Moriarty had asked both sides to consider an award of between €10m and €10.1m and he adjourned the case briefly.
When both sides returned to court, Counsel for the O'Mahonys, David Holland SC, said they were prepared to split the difference, but the State was not in a position to do so.
Ms Egan said her side would prefer the judge to make judgment on the various items that had been in dispute between the parties.
Justice Moriarty said he would prepare a written judgment on the matter and confirm the final lump sum figure in October.
He asked that €800,000 be paid out immediately to Mr O'Mahony to cover the intervening period.
Mr O'Mahony sustained traumatic brain injuries after a hospital procedure on 23 November 2001 following complaints of headaches.
He was referred to Cork University Hospital, Wilton, Cork.
He was readmitted four days later and underwent the brain procedure to reduced pressure on the brain.
On 30 November, he underwent another brain procedure and partial removal of a tumour but on 1 December 2001 he lapsed in to a coma.
The court heard he cannot even use his finger to press a button if he needs help and essentially suffers from locked-in syndrome.