Posted: October 14th, 2013
The Civil Circuit Court in Dublin has approved the settlement of a teenagers injury compensation claim after a hearing into the events before and after her birth in 1999.
Aoife Sheehan (14) from Rathfarnham in Dublin was delivered prematurely at the Coombe Hospital on 15th April 1999 after her mother had gone into early onset labour at thirty-six weeks following a car crash.
Unable to breathe independently after being born, Aoife was transferred to the neo-natal intensive care unit of the Coombe Hospital, where her breathing had to be assisted by a ventilator and medication. Aoife was found to be suffering from respiratory distress syndrome and remained critically ill in intensive care for three weeks.
Through her mother – Martina Sheehan – Aoife made a teenagers injury compensation claim against the driver of the vehicle who had been in collision with her mother – Elaine O’Connor also from Rathfarnham – claiming that had it not been for the accident, Martina would not have gone into early onset labour, Aoife would not have been prematurely and not have suffered from respiratory distress syndrome after her birth.
Insurers for the defendant denied their client´s liability, stating that there was no medical evidence to support an alleged connection between the accident and Aoife´s premature birth, that babies born prematurely were more likely to suffer from respiratory distress and, as the accident happened while Aoife was still in her mother´s womb, she was ineligible to receive compensation anyway
Solicitors representing Aoife pursued her teenagers injury compensation claim and, and following a long period of negotiation, acquired a settlement that would see Aoife receive €15,000 compensation in general damages for the pain and suffering she was subject to after her birth with a further €2,800 allocated in special damages to account for the expenses her parents had incurred looking after her.
At the Circuit Civil Court, Judge Matthew Judge Deery approved the settlement of Aoife´s teenagers injury compensation claim; commenting that her solicitors had done a good job in securing a positive outcome, as it would have been difficult to establish Ms O´Connor´s liability had the case been heard in court.