Claims Ireland

The Independent Service that Assesses Compensation Claims

€650,000 settlement for toddler's injuries | Claims Ireland


The High Court has approved a settlement of €650,000 in the case of a toddler who suffered catastrophic brain injuries after he almost drowned while on an outing with a Dublin crèche in 2007.

Sean Ross McGowan, who was 21-months-old at the time, was found in a pond after he wandered unnoticed from his group in August 2007.

The court heard he had been allowed out of his buggy and was then found in a pond. He was found on the point of drowning by a doctor who was passing by.

He suffered devastating injuries with 90% brain damage and now has cerebral palsy and is blind. He suffers seizures and infections and is frequently admitted to hospital.

The accident happened while he was in the care of Miss Carr's child care centre in Ranelagh. The action was taken against the crèche and the HSE. Liability was admitted.

He now needs constant care in a residential facility.

Mr Justice Seán Ryan said it was hard to think of a more appalling cluster of injuries that would have devastating consequences for a little boy.

The judge had earlier refused to approve a settlement figure of €550,000, saying it was not enough.

The judge said the large element of compensation involving future care was not an issue as the HSE had committed to providing care for the boy.

However, the proposed figure, which involved €300,000 loss of earnings and €250,000 general damages, was insufficient, he said.

After further talks a settlement of €650,000 was approved by the court.

Meanwhile, the mother of Sean Ross McGowan has settled her case against the crèche and the HSE for an undisclosed amount.

Rose Houlihan, who came across the accident that day, had sued for post traumatic stress and shock.