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Birth Injury Case Against Health Service Executive Settled for €17.2m

July 7th, 2018. By Compensation News.

A four-year-old disabled boy who sued in relation to the events that took place during birth has settled his High Court action against the Health Service Executive with a final lump sum payment of €15.5m.

The total amount being paid to the young boy, Charlie Enright, who has cerebral palsy and is physically disabled, is now €17.2.

President of the High Court Mr Justice Peter Kelly, approved the total award on Friday. It is thought to be the highest ever for a catastrophically injured person who sued over care at birth.

Charlie’s parents Caitriona and Anthony Enright, from Limerick, released a statement saying that they could now get on with their lives.

It read: “What Charlie lost in August 2013 is priceless. No amount of money can replace it. We are happy with the settlement.”

Mr Justice Kelly, as he was approving the settlement, praised the Enrights and said Charlie’s treatment was a ’family affair’ and the whole extended family had got together to care for “a remarkable boy.”

In 2016 Charlie Enright’s case against the HSE – arising out of his birth at the Midwestern Regional Maternity Hospital, Limerick – was settled with a first interim payment of €1.75m to cover his needs for two years.

Liability was  admitted early in the case, the court heard.

Charlie’s mother told the Court that in the last two years they have started to build a house specially adapted for Charlie beside the family home. She added that her son’s  physical ability had got much better and the difficulty for Charlie  was he was “locked in and communication is a big problem.”

Mrs Enright, who has taken a career break to care for her son, told the High Court that Charlie is starting at the local school in September.

Mrs Enright had been admitted to the hospital  at 37 weeks in to her pregnancy with Charlie on August 19, 2013. Physician took the decision to induce labour after several tests were completed.

In the birth injury compensation action, it was alleged in the events that followed there was a breach of duty with a failure to provide an acceptable standard of care during the labour and up to the time of Charlie’s birth.

 


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