Benjamin Gillick, aged 9, who sustained permanent brain injuries as a result of a delayed diagnosis of an infection when he was being delivered has had a €32 million medical negligence compensation award approved in the High Court.
The injuries were inflicted on the boy when his mother was giving birth to. Benjamin’s parents, Miriam and Andrew Gillick, asked the judge not to approve the proposed injury at birth compensation settlement as they believe it to be an insufficient amount to provide him with everything he needs for the remainder of his life saying: “It leaves us with a shortfall that will be imposed on ourselves or our children, or possibly our grandchildren.”
Judge Justice Kevin Cross told the court that a small percentage of the birth injury compensation, under €500,000, was being awarded due to the life changing injuries afflictions that Benjamin suffered at birth. The rest of the birth injury compensation settlement is made up of the costs associated with Benjamin’s complex treatment, educational and housing needs for the rest of his life.
The family, who previously lived in Chapelizod, Dublin now live in the UK in London. As party of the injury at birth compensation action Benjamin said that he believed that the hospital was negligent in the review, diagnosis, medical treatment and care of the shunt infection that was carried out.
Approving for the final injury at birth compensation settlement offer of €25m, Judge Cross said: “When the headlines come to be written it should be noted that no one is getting a bonanza”.
Andrew Gillick, the father of the boy, advised Judge Cross that he is very worried that proposed injury at birth compensation settlement award not being a large enough amount when contrasted with the rates of return on investment in England. He went on to say that a similar case heard in the United Kingdom where the injury at birth compensation award was almost €45m due to the costs of medical-carers, therapists, aids and appliances, transport and education.