First injury settlement with periodic payments approved by High Court
The first settlement in a catastrophic injury case with provision for periodic payments has been approved by the High Court.
It comes nearly five months after parts 1, 2 and 3 of the Civil Liability (Amendment) Act 2017, providing for periodic payment orders, were commenced last October.
The Act was introduced to address concerns raised by judges about the absence of legislation to enable periodic payments orders in appropriate cases.
Mr Justice Peter Kelly, president of the High Court, said the new legislation removed the need for judges to make guesses about the life expectancy of an injured party.
Under the settlement, made with no admission of liability, the Rotunda Hospital will make annual payments of €610,000 to the family of 13-year-old girl Saibhe O’Connor.
The girl suffered catastrophic brain damage after her mother had a seizure after having been discharged by the hospital, RTÉ News reports.
The settlement follows three previous interim payments totalling €2.9 million.