A CHILD who suffered “catastrophic” brain damage and is blind as a result of almost drowning in a pond has secured €650,000 in settlement of High Court proceedings against a Health Service Executive-funded service, Miss Carr’s Home Housing Association Ltd and the HSE.
Under the settlement, the HSE will also pay the lifelong costs of caring for Seán Ross McGowan, who was 21 months old when the accident occurred after he was allowed out of his buggy while on a creche outing. He is now five and lives at the Sunshine Home in Leopardstown, Dublin.
Seán, through his mother Rose Houlihan, Camden Street, Dublin, had brought proceedings against Miss Carr’s Home Housing Association Ltd, Ranelagh – providers of an accommodation service and creche 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, suffered injuries during an outing in Ranelagh Park.
It was alleged the child was freed from a buggy and the defendants, their servants or agents engaged in conversation without any or any adequate attention or care to the presence or location of children in its care and failed to identify adequately the danger posed by the pond.
Liability had been admitted by the defendants and the case was before Mr Justice Seán Ryan for assessment of damages only.
Outlining the claim, Jack Fitzgerald SC, for the child, said Ms Houlihan had been living at the Ranelagh facility and had left Seán in a section used as a creche on the day in question. The child was subsequently taken in a buggy to Ranelagh Park when, for whatever reason and in “extraordinarily sad circumstances”, he was allowed to get out of his buggy, Mr Fitzgerald said.
The boy vanished for some minutes and was discovered in a pond by a doctor who rescued him at the point of drowning. Seán was resuscitated but was extremely badly injured.
Before the accident, Seán was a perfectly lively good-humoured child, Mr Fitzgerald 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 Seán’s mother was in agreement that the Sunshine Home was the best place for him. His mother and father deeply loved him and Ms Houlihan hoped to take him out for a few hours twice a week, he added.
Ms Houlihan also believed Seán could vocalise, Mr Fitzgerald said. She said he responded well to being cuddled and found music soothing. He was also blind because of the injury which affected 95 per cent of his brain, Mr Fitzgerald said.
Ms Houlihan told the court she had disagreements with doctors concerning whether Seán should be ventilated if he stopped 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 in the future, the court heard.
John McGowan, Seán’s father, told the court he was not happy that gardaí had investigated the case properly. Outside court, he also criticised the HSE for not apologising for what had 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 was settled later yesterday on undisclosed terms.
After approving the settlement, Mr Justice Ryan paid tribute to the child’s parents and said it was obvious they were committed, devoted and dedicated to him.