Surgical Negligence Claim Settled for Seven Figures

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A claim for medical negligence compensation, made after a man was deprived of oxygen during a surgery on his spine, has been settled in court for €7.1 million.

The claim was made on behalf of a former barrister, aged forty-six, who visited the Sports Surgery Clinic in North Dublin concerning pain in his back. In 2014, he elected to have surgery on his cervical spine due to the pain. However, though the back pain was relieved, during the surgery the patient was deprived of oxygen and as a result sustained severe brain damage.

Since the surgery, the ex-barrister has been reliant on twenty-four-hour care as the mismanaged anaesthetic left him with a hypoxic brain injury. The patient can smile at his children and has certain reactions around his family, but cannot otherwise communicate. Though he is currently in a resident care home, his family hope that he will be able to return home to them in Clonee, Co. Meath, in the future.

Acting on her husband’s behalf, the patient’s wife made a claim for medical negligence compensation against Deirdre Lohan, the anaesthetist on the day of the surgery. However, the medical practitioner did not concede liability until October 2016, at which point a settlement of €7.1 million was negotiated between the families. However, before the settlement could be awarded it first had to be approved by a High Court judge, as it was made on another’s behalf.

The approval hearing was held earlier this month, where Mr Justice Kevin Cross oversaw proceedings. The judge was informed of that, to date, the victim’s care costs were being funded by a trust fund established by his friends and former colleagues. He also heard of the wife’s distress, and her eagerness to accept the settlement to finish with proceedings.
The judge proceeded to approve the €7.1 million settlement for surgical negligence, offering his own sympathies towards the family after the “terrible tragedy” they had endured.