A child who suffered “catastrophic” brain damage and is blind as a result of almost drowning in a pond after being allowed out of his buggy while on a crèche outing has secured €650,000 in settlement of High Court proceedings against a HSE funded service, Miss Carr’s Home Housing Association Ltd, and the HSE.
Under the settlement, the HSE will also pay the life-long costs of caring for Sean Ross McGowan, who was 21 months old when the accident occurred and is now aged five, at the Sunshine Home in Leopardstown, Dublin.
Sean, through his mother Rose Houlihan, Camden Street, Dublin, had brought proceedings against Miss Carr’s Home Housing Association Limited, Ranelagh — providers of an accommodation service and crèche for lone parents — and the HSE over the incident on August 21st 2007.
It was alleged the child suffered severe personal injury as a result of the alleged negligence and breach of duty, including breach of statutory duty, by the defendants and/or their servants or agents.
It was alleged the child was left in the care of the defendants, their servants or agents, and, while under that care, had suffered his injuries during an outing in Ranelagh Park.
It was also alleged the child was freed from a buggy and that the defendants, their servants in agents, engaged in conversation without any or any adequate attention or care to the presence or location of children in its care and also failed to identify adequately the danger posed by the pond.
Liability had been admitted by the defendants and the case was before Mr Justice Sean Ryan for assessment of damages only.
Outlining the claim, Jack Fitzgerald SC, for the child, said Ms Houlihan was living at the Ranelagh facility and had left Sean in a part of it used as a crèche on the day in question.
The infant was subsequently taken in a buggy to Ranelagh Park when, for whatever reason and in “extraordinarily sad circumstances”, he was allowed get out of his buggy, counsel said.
The child vanished for some minutes and was discovered in a pond by a doctor who rescued him as he was on the point of drowning, Mr Fitzgerald said. Sean was resuscitated but was extremely badly injured.
Prior to the accident, Sean was a perfectly lively good humoured child, counsel said.
In a statement of claim, it was alleged the child may have been in the water for some minutes. He suffered massive and permanent brain damage and will be permanently incapacitated requiring 24 hour care.
Mr Fitzgerald said Sean’s mother was in agreement the Sunshine Home was the best place for him. His mother and father deeply loved him and Ms Houlihan hoped to be able to take him out for a few hours twice a week, counsel added.
Ms Houlihan also believed Sean can vocalise, Mr Fitzgerald said. She said he responds well to being cuddled and finds music soothing. The child was also blind because of the brain injury which affected 95 per cent of his brain, counsel added.
Ms Houlihan told the court she had disagreements with doctors concerning whether Sean should be ventilated if he stops breathing in certain circumstances. Her view was ventilation should be carried out as she wanted her son’s life preserved. This dispute could result in an application being made to the High Court by the HSE at some stage in the future, the court heard.
John McGowan, father of Sean, told the court he was not happy gardaí had investigated the case properly. Outside court, he also criticised the HSE for not apologising for what happened.
A separate action by Ms Houlihan against the defendants claiming damages for post traumatic stress disorder, depressive disorder, nervous shock and nightmares arising from what had happened to her child was settled later yesterday on undisclosed terms.
Both Sean's parents told the judge an earlier settlement offer of €550,000 was not sufficient. The court heard experts differed on Sean’s life expectation offering a range between six months to four years.
It was hard to think of a more appalling cluster of injuries than those suffered by Sean which had had the most devastating consequences for him, the judge said. He noted the HSE had committed to providing the level of care that Sean would require so that element was not in the case.
The judge said the €550,000 offer — €300,000 for loss of earnings and €250,000 damages — would not do justice to Sean but said he would be prepared to approve a €650,000 award.
After an adjournment, Mr Fitzgerald said the matter had been settled and the €650,000 figure was accepted with costs.
After approving the settlement, Mr Justice Ryan also paid tribute to the child’s parents and said it was obvious they were committed, devoted and dedicated to him.