An young child, Cian Hammel (4), who was inflicted with a brain injury his mother just before his birth has had a €7.5m compensation claim approved in the High Court.
Following the car accident in which his mother was flung was a seven seat car that she was getting a lift in to her final pre delivery scan, an emergency Caesarean section had to be performed to deliver him in hospital. The High Court was advised that his mother Roisin, 17 at the time of the accident, was flung from the seven-seat car in that she was a rear-seat passenger in. The driver of the car did not have insurance to be driving the car. The road traffic accident happened at Manhanagh, Screen, Co Wexford on February 3, 2009. Cian Hammel now has trouble walking and is and also has difficulties with speaking.
In the legal action thken through his grandmother Ann, Cian Hammel of Ford Court, Kilmuckridge, Co Wexford sued the driver of the vehicle Simon Jordan, of Monaseed, High Fort, Gorey, Co Wexford for road traffic accident compensation.
The Motor Insurers Bureau of Ireland (MIBI), the body which manages compensation claim for victims of uninsured driving, was also sued for compensation following the road traffic accident.
It was argued that the car, driven by Mr Jordan, lost control and flipped over in the air resulting in Cian’s mother Roisin Hammel being thrown from the rear seat of the vehicle. Senior Counsel Rosario Boyle told the court that Roisin, who was preparing for her Leaving Cert, was being driven to attend her final pre-delivery scan.
Additionally it was claimed that Mr Jordan had overtaken another car when it was dangerous to do so and that he was driving too fast in the weather conditions at the time. These claims were argued by the Defence.
Ms Boyle stated that Roisin Hammel was not wearing her seat belt when the accident occurred. However, the MIBI later agreed that, had she been wearing her seat belt, the outcome for her child would not have been any more favourable.
Following the accident Ms Hammel’s waters broke and, due to foetal distress, she had to have an emergency caesarean section in hospital. When Cian Hammel was delivered he had to be resuscitated and experienced multi-organ failure.
Mr Justice Kevin Cross approved the €7.5m compensation settlement and said he hopes it will provide for Cian’s needs well in the future.