Eoin Kearney

Eoin Kearney of Derry-based Brendan Kearney & Co Solicitors, a member of AvMA (Action Against Medical Accidents), issued High Court proceedings against the Western Trust on behalf of the girl’s family in August 2018.

Following the service of court pleadings, a partial admission of liability was made by the Western Trust. However, this did not include any admission that negligent medical care provided to the girl and her mother caused the child to suffer brain damage.

Given the complexity of the case and the significant physical and cognitive challenges that a child with cerebral palsy can have, a vast number of further expert medical reports were required to fully evidence the complex needs of the child and the future care needs she will have for the rest of her life.

An important aspect of the case was the child’s need for accommodation of a certain standard with specific adaptations to meet her needs.

A number of experts were engaged to design and build a bespoke new home for the child and her family, including experts in architecture, occupational therapy, nursing care, assistive technology (for in-built smart technology) and also physiotherapy so that a hydrotherapy pool could be installed.

Following receipt of all these expert reports, a date for trial was agreed and, a few weeks before trial, the Western Trust proceeded to admit full liability.

Following this admission, intense settlement negotiations took place and a figure of just under £21 million was agreed and approved by the court with the help of junior and senior counsel.

The figure will be payable on a periodical basis over the course of the child’s life and Mr Kearney will have a continuing oversight role in that process to ensure the child’s needs are being looked after and protected throughout her lifetime.