A three-year-old boy who is brain-damaged and suffers cerebral palsy is to be paid £2 million and costs under the settlement of his action alleging negligence in the circumstances of his birth at the Rotunda Hospital, Dublin.
The settlement of the action taken by Daniel Stears, suing by his mother, Mrs Sharon Stears (25), of Measc Road, Artane, Dublin, was approved by the High Court yesterday.
Daniel, with his mother and father Fintan, was in court when Mr Justice Johnson ruled on the settlement terms. The boy is the couple's first and only child. The judge told them that money was very inadequate compensation but it was "all we can do". Liability in the case had been admitted before it went to court. A hearing to assess damages went on for four days last week before Mr Justice O Caoimh. Settlement talks took place on Friday and the case was put back until yesterday when the agreed terms went before Mr Justice Johnson for approval.
Mr Denis McCullough SC, for Daniel, said it was important for people outside the court to bear in mind that only £150,000 of the £2 million was to compensate Daniel for his injuries. Everything else was to provide for a reasonable life for him. Of the £2 million, some £490,000 would go towards the provision of a new house adequately designed to meet Daniel's requirements. Other substantial amounts would go towards providing care for him and for appropriate aids and appliances.
In her evidence last week, Mrs Stears said Daniel, who was born on April 5th, 1997, just made sounds and had not established any form of communication with her or her husband.
It was stated that Daniel had suffered "catastrophic" injuries arising from the circumstances of his birth. The boy's counsel said he had been deprived of oxygen during his mother's labour and birth process. He was in a comparatively poor condition at birth and spent three weeks in a special care unit. He suffered from convulsions while in intensive care. Following his discharge from hospital he developed very slowly.
Daniel was later treated at the Central Remedial Clinic, Clontarf, and diagnosed as suffering from severe developmental delay.
Yesterday, Mr McCullough said the real issue between the sides last week had related to Daniel's life expectancy. The defence had contended that his life expectancy would be about 15 years while the plaintiff's side contended it could be about 30.
Counsel added that Daniel's condition was quite severe. He had developed epilepsy and had five or six seizures daily. Daniel had a serious visual deficiency, although the extent of it was not clear. He had good hearing.
Mrs Stears told the court that Daniel did not seem to understand his position. She agreed with counsel that it appeared that was the way he would remain. Asked how she felt about the settlement figure, she said her son should have got more because of the extent of his disability but she was content with the figure offered.
Mr McCullough said the parents had done a wonderful job looking after Daniel. They had been given assistance by family members and were supported by the Jack and Jill Foundation.