A young man who is in a permanent vegetative state after getting into difficulties in a swimming pool in Cork city is to receive €750,000 in settlement of his High Court action.
When ruling the settlement today, Mr Justice Johnson noted that a cardiologist who had submitted a report for the defence had stated that, even if he had had a full team at the poolside in January 1998 at the time of the accident which befell Mr Ian Murphy, he did not believe they could have done anything for Mr Murphy as he believed Ian had sustained brain injuries while swimming underwater.
The judge said the report was "devastating" and one of the strongest he had ever seen from a medical witness. In those circumstances, he had no hesitation in approving the settlement of €750,000 plus costs.
The judge also remarked that his own nephew had also died in a swimming pool.
What had happened to Mr Murphy was tragic and a most unusual occurrence which seemed to happen particualrly to young boys and young men but there would have to be strong evidence to overcome the cardiac surgeon's report, he remarked.
Mr Murphy, though his mother Joy, of Sandown Crest, Togher, Cork, had taken proceedings against Cork City Council and Sport Ionad Reigiuinach Chorcai Teoranta, trading as Leisureworld, with an address at Model Farm Road, Cork.
The defendants denied negligence or liability for the alleged injuries sustained by Ian while swimming at the Leisureworld complex on January 28th 1998.