A BOY who was blinded and also suffered severe brain injuries when the uninsured car in which was travelling as a baby crashed has secured €2.9 million damages in a settlement approved by the High Court.
Ben McHale, now aged four, sued his parents through his uncle William McHale.
Outlining the case, Michael Counihan SC, for the child, said the car was being driven by the infant’s mother at the time of the crash and was owned by his father. Counsel said the crash occurred when Ben was four months and three weeks old.
The child was being attended and nursed in the back of the car at the time of the crash and it seemed the driver had some form of blackout, counsel said. He said the car grazed off a tree and crashed into a wall.
The action was against his mother Disislave McHale, the driver of the car at the time; his father Marcus McHale, both with an address at North View, Fethard Road, Clonmel, Co Tipperary; and the Motor Insurers’ Bureau of Ireland over the incident on April 23rd, 2006.
Mr Justice John Quirke was told yesterday there was a possibility stem cell treatment being undertaken by Ben in Dusseldorf, Germany, might have very significant possibilities for the child’s brain development.
In approving the settlement of the action, the judge extended his sympathy to the family over the horrific accident.
The court heard the child suffered a severe head injury which would necessitate him being made a ward of court and he was also blind.