The High Court increased compensation awarded to J. C. for psychiatric injury and loss of career opportunity following her father’s death, while affirming the award for loss of society. The appeal was a de novo rehearing of her claims against the Minister for Health, and the court made no finding on causation because it was not disputed.
The Hepatitis C and HIV Compensation Tribunal had awarded J. C. €120,000 for loss of society, €70,000 for post-traumatic stress disorder and psychiatric injury, and €15,000 for loss of opportunity. The High Court affirmed the €120,000 award, substituted €85,000 for the psychiatric injury award and €250,000 for loss of opportunity.
J. C. was nine when her father, M. C., died in 2003 from complications of Hepatitis C and HIV contracted through contaminated blood products administered during treatment for haemophilia. The judgment describes their close relationship and the lasting effects of his death on her education, mental health and work history. Her appeal focused chiefly on the Tribunal’s assessment of loss of opportunity.
The court accepted evidence from J. C. and experts that her post-traumatic stress symptoms affected her schooling and career choices. She left school in her mid-teens, entered hairdressing because it allowed her to leave school, and did not complete the apprenticeship. She later worked as a gym receptionist but left after difficulties with expanded duties, salary payments and anxiety. The judgment records that she wanted to return to work and that experts considered administrative or receptionist roles suited to her abilities, while counselling and vocational training would be needed.
The judge found, on the balance of probabilities, that with her father’s support J. C. would likely have completed secondary school, passed the Leaving Certificate and undertaken vocational training for receptionist or business administration work. The court stressed that the award compensated for lost opportunity, not a capitalised calculation of past and future earnings. It weighed the uncertainty of what might have happened, her prior employment, future therapy and training, and the possibility that she might choose part-time work or not to work for periods.
The court concluded that €250,000 was fair compensation for the lost opportunity. Its final order allowed the appeal on the psychiatric injury and loss-of-opportunity awards, replaced them with €85,000 and €250,000 respectively, and affirmed the Tribunal’s €120,000 loss-of-society award.