Eoin Kearney

Eoin Kearney of Derry-based Brendan Kearney & Co Solicitors, a member of AvMA (Action Against Medical Accidents), issued High Court proceedings against the Western Trust on behalf of the girl’s family in August 2018.

Following the service of court pleadings, a partial admission of liability was made by the Western Trust. However, this did not include any admission that negligent medical care provided to the girl and her mother caused the child to suffer brain damage.

Given the complexity of the case and the significant physical and cognitive challenges that a child with cerebral palsy can have, a vast number of further expert medical reports were required to fully evidence the complex needs of the child and the future care needs she will have for the rest of her life.

An important aspect of the case was the child’s need for accommodation of a certain standard with specific adaptations to meet her needs.

A number of experts were engaged to design and build a bespoke new home for the child and her family, including experts in architecture, occupational therapy, nursing care, assistive technology (for in-built smart technology) and also physiotherapy so that a hydrotherapy pool could be installed.

Following receipt of all these expert reports, a date for trial was agreed and, a few weeks before trial, the Western Trust proceeded to admit full liability.

Following this admission, intense settlement negotiations took place and a figure of just under £21 million was agreed and approved by the court with the help of junior and senior counsel.

The figure will be payable on a periodical basis over the course of the child’s life and Mr Kearney will have a continuing oversight role in that process to ensure the child’s needs are being looked after and protected throughout her lifetime.

Mr Kearney said: “Whilst the settlement award is undoubtedly significant, this figure has been arrived at in agreement with the defendant health trust and approved by the High Court in order to provide this child with the nursing care and specialised therapies that she needs to live as comfortable and fulfilling a life as possible after the tragic events surrounding her birth and her subsequent severe disabilities.

“The young girl at the centre of this case is nothing short of adorable and her parents are the most committed and loving parents that I have come across in this line of work. As such, it has been very pleasing from a personal and professional perspective to have assisted them in this very long and difficult process.”

The girl’s father said: “I contacted Brendan Kearney & Co as I had heard that they were the people to see regarding medical negligence and I am so very grateful that I did. From day one we were looked after superbly. The communication from the office was excellent and we were kept informed of all developments in the case along the way.

“The case was long and emotionally draining but the team at Brendan Kearney’s were amazing. First Brendan and then Eoin were excellent in terms of keeping us calm and informed along the way. Eoin’s dedication to the case, empathy and compassion were so important to us, and we are overjoyed at the result obtained which will greatly assist our daughter for the rest of her life.

“We cannot thank you enough and will be forever indebted to you.”