The HSE He failed a request to the Supreme Court to postpone an important measure by a boy with catastrophic injuries to orders seeking to triple the value of his claim for special damages to 61 million euros.
Patrick Hanrate, in favor of Health, Safety and Environment, told Chief Justice Mary Irvine that managing the Molloy case, in which responsibility has been admitted, has « fairly far-reaching » implications for similar cases.
The 14-year-old is seeking lump sum compensation of €61 million for past and future special damages based on the real rate of return based on an assessment of future loss of -3%, not the current rate – set by the 2016 Russell Appeal Court – 1.5 pieces And 1 piece in case of future care.
This will have a significant impact on the assessment of the case because, under Russell, the amount will be 20 million euros, while under the new proposal, it will be more than 60 million euros.
Oran, the court heard, would rather be happy to accept a periodic payment order (PPO) provided the amount is linked to wage inflation but this option is currently not available because, despite a 2010 recommendation from the PPO working group, the indicator is necessary to link PPOs to wage inflation Still waiting.
The case arose from the injuries Oran suffered while giving birth at Portioncola Hospital, Palinslow, Co Galway on December 31, 2006. His mother Deirdre Molloy was admitted to the hospital the day before at 32 weeks, four days gestation, with significant prenatal bleeding.
When she was born the next day by emergency caesarean section, Oran was in poor condition and later diagnosed with hypoxic encephalopathy with secondary cerebral palsy.
A lawsuit is filed through his mother, Oran, of Riverstown, Bear, Offaly Company, seeking public and private damages, past and future, for alleged negligence in the circumstances of his birth and birth management.
HSE earlier this month waived its responsibility, but this week its lawyers asked for a three to five year delay in the case, which is scheduled for next week’s hearing, in part because of its concerns that the current uncertainty over investment returns could overcompensate the boy. . .
It argued that the consequence of current « historically and unusually low » interest rates was that any lump sum payment based on those rates would be discounted « at a very low rate », which could result in a « significantly over-compensation » for the plaintiff.
The Supreme Court should not, at this time, reconsider the true rates of return that were approved in Russell, because in three to five years when the case moves to a final hearing, more « usual » interest rates and the PPO option are likely to prevail It might also be available, it was said.
Mr. Hanrati stressed that Oran would receive interim settlement payments, either in the amounts it had proposed between €4.6 million and €4.9 million, or as set by the court.
The boy, represented by Jonathan Kilfeather SC, on instructions from Michael Boylan Litigation, opposed any postponement.
It has been argued that HSE has been advised from the outset that the true rate of return would be an important issue in the case. It was also argued that it is neither fair nor fair this claim should be deferred in anticipation of introducing new legislation to correct the shortcomings of PPOs.
In her ruling today, the Chief Justice, Justice Mary Irvine, rejected the adjournment.
She said the interest rate arguments were neither a valid nor a suitable basis for deferment and this application was an attempt to « pre-trial » a case the plaintiff wanted to settle.
She emphasized that in this case, the court would hear evidence regarding historical, current, long-term and projected average interest rates when considering the real rate of return. It cannot act as a « snapshot » of current low interest rates when determining the true rate of return that will be applied to a claimant’s claim for private damages.
Nor was it satisfied that the postponement of his claim was in the interest of Oran.
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