Pre-Birth Injury Compensation Settlement of €7.5m approved

A young boy who suffered a brain injury just before has born when his mother was flung from a car as she was travelling in to have a final pregnancy scan has had a €7.5m compensation claim approved in the High Court.

Following the car accident, Cian Hammel an emergency Caesarean section had to be used to deliver him in hospital. The High Court was told that in the road traffic accident his mother Roisin, aged 17 at the time, was flung from the seven-seater motor car in which she was a rear-seat passenger. The driver of the car was not properly insured to be driving the car.  The accident occurred at Manhanagh, Screen, Co Wexford on February 3, 2009. The boy now has trouble walking and is unsteady while walking and also has difficulties with language.

Taking the legal action through his grandmother Ann, Cian Hammel of Ford Court, Kilmuckridge, Co Wexford sued the driver of the vehicle Simon Jordan, of Monaseed, High Fort, Gorey, Co Wexford.

The Motor Insurers Bureau of Ireland (MIBI), which manages compensation claim for victims of uninsured driving, was also sued following the road traffic accident.

It was claimed that the car, driven by Mr Jordan, went out of control, turned over the air resulting in Cian’s mother Roisin Hammel being flung from the rear seat of the vehicle. Senior Counsel Rosario Boyle advised the court that Roisin, who was studying for her Leaving Cert, was being given a lift to attend her final pre-delivery scan.

It was also claimed that Mr Jordan had passed another vehicle when it was unsafe to do so and that he was driving too fast in the weather conditions. These claims were denied by the Defence.

Ms Boyle stated that Ms Hammel was not wearing a seat belt when the accident happened. However, the MIBI later agreed that, had she been wearing her seat belt, the results for her baby would not have been any better.

Ms Hammel’s waters broke and, due to foetal distress, she had to have an emergency caesarean section in hospital. When Cian was delivered he had to be resuscitated and experienced multi-organ failure.

Mr Justice Kevin Cross approved the pre-birth accident compensation settlement and said he hopes it will provide for Cian’s needs going forward.

Posted in Childbirth Negligence in Ireland