The High Court awarded €13.522 million to Gill Russell, a child who suffered catastrophic injuries at birth because of negligence admitted by the Health Service Executive. The award covers future care, aids and appliances, and financial advice.
Mr Justice Cross delivered judgment on 18 December 2014 after a 20-day hearing. The case had returned to court under a 2012 settlement, which provided €1.4 million for two years and allowed the remaining claim to be assessed in 2014 if legislation for periodic payment orders had not taken effect. The judge rejected the HSE’s submission that the case should instead proceed through periodic payments. He held that Gill was entitled to have the outstanding claim assessed under the law then in force.
The judge fixed a 1% real rate of return for calculating future damages. The plaintiff’s side argued for a low-risk approach based largely on inflation-linked government bonds, while the HSE argued that a mixed portfolio could support a 3% return. The judge found that the greater security required for Gill’s lifelong care needs justified the lower rate. He also allowed a 0.5% adjustment for expected wage inflation and made no further deduction for medical inflation.
The parties had agreed many items, which the judge valued at €2,042,802 using the 1% rate. He assessed future care at €10 million. His care plan required three directly employed carers: two available around the clock, including a waking night carer, and a further daytime carer who could live in and provide backup at night. He considered that model reasonable, but reduced the plaintiff’s claimed care costs to reflect the three-carer arrangement.
For disputed items, the judge allowed €1,242,217. These included €120,000 for wheelchairs, €106,181 for sterile water for a PEG machine, €102,435 for one annual holiday, €150,000 towards an adapted vehicle and €75,000 for occupational therapy. He also allowed amounts for therapy, assistive technology and medical expenses. He rejected or reduced other claims, including a second eye-gaze system, some technology and two holidays a year.
The judge added the agreed and allowed items, rounded that subtotal down to €3.275 million, and added €10 million for care. He then added €247,000 for financial advice, bringing the total award to €13.522 million. The judgment records this as the damages award; it does not direct a periodic payment order.