Twelve-year-old James Prior, a young boy with cerebral palsy, has reached a significant milestone in his legal journey. After a hard-fought battle, James has secured a €1.5 million interim payment from the High Court, covering his care for the next 5.5 years. The settlement comes after a lawsuit alleging negligence in the care he received following his birth at Mullingar Regional Hospital in 2012.
James’ legal team, led by senior counsel John O’mahony and instructed by solicitor Richard Crowley, presented a compelling case. they argued that the management and treatment of James after his birth led to his current condition. A cranial ultrasound conducted the day after his birth showed no signs of distress, but five days later, the scan revealed brain cell difficulties.Counsel emphasized that emergency measures should have been taken instantly, and the subsequent two-hour ambulance journey to a Dublin hospital was a critical delay.
The Health Service executive (HSE) denied all claims, but the settlement was reached after mediation, reflecting a 25% reduction on the full value sought to account for litigation risks. The interim settlement will cover James’ care for the next 5.5 years, with the case set to return to court for reassessment of his loss of earnings and future care needs.
James,who resides in Edenmore Grove,Raheny,Dublin,and has spastic diplegia,sued the HSE through his mother,Tracey Carroll. It was claimed that James faced significant developmental delays, not smiling until he was three months old and not walking until he was three years old. His speech was also delayed, with his first words not coming until he was around two years old.
James was delivered by emergency caesarean section on august 22, 2012, at Mullingar Regional Hospital. After becoming unwell, he was transferred to a Dublin hospital.The lawsuit alleged a failure to exercise reasonable care in his management, care, and treatment during the neonatal period, leading to his brain injury, cerebral palsy, and neurodevelopmental delay.All claims were denied by the HSE.
Approving the settlement,Mr. Justice Paul Coffey extended his best wishes to James and his family for a shining future ahead.
Twelve-year-old James Prior, who has cerebral palsy, has achieved a meaningful legal victory by securing a €1.5 million interim payment from the High Court. This settlement, which covers his care for the next 5.5 years,follows a lawsuit alleging negligence related to the care he received after his birth at Mullingar Regional Hospital in 2012.
James’ legal team, spearheaded by senior counsel john O’Mahony and solicitor Richard Crowley, presented a strong argument that inadequacies in the management and treatment he received post-birth contributed to his current condition. Initial cranial ultrasounds showed no distress at birth, but a subsequent scan five days later indicated brain cell issues. Counsel pointed out that emergency measures should have been implemented immediately and highlighted the critical delay caused by the subsequent two-hour ambulance transfer to a Dublin hospital.
even though the Health Service Executive (HSE) denied all allegations, a settlement was reached after mediation, involving a 25% reduction from the full compensation amount sought, reflecting the risks of litigation.This interim settlement will fund James’ care for the designated period, with plans for the case to return to court to reassess his future needs and loss of earnings.
James, who lives in Raheny, Dublin, has been diagnosed with spastic diplegia and experienced significant developmental delays.Notably, he did not smile untill he was three months old and did not start walking until he was three years old. His speech also lagged; he spoke his first words around the age of two.
Born via emergency caesarean section on August 22, 2012, at Mullingar Regional Hospital, James became ill shortly after birth and was transferred to a Dublin facility.His lawsuit claimed that a failure to provide reasonable care during the neonatal period resulted in his brain injury, cerebral palsy, and neurodevelopmental delay, claims which the HSE has denied.
