The Supreme Court has been asked to decide how much the National Maternity Hospital must pay towards the €1.16 million cost of a new home for a girl who suffered catastrophic injuries due to negligence during her birth.
The hospital has asked the five-judge court to devise a formula to assist in calculating how much a defendant should contribute towards accommodation costs of the catastrophically injured.
A number of the judges noted it would be very difficult to devise a formula to meet the particular circumstances of each plaintiff.
The issue was raised in an appeal by the hospital against a High Court finding it should pay €735,000 towards the €1.16 million cost of a new adapted house in Sandymount, Dublin, for Charlotte Barry (11), who is severely disabled with cerebral palsy.
Charlotte, with an address at O’Connell Gardens, Bath Avenue, can only communicate through facial and eye movements. The hospital previously agreed to make interim payments of more than €2.7 million. The hospital argues its liability for the child’s accommodation needs does not exceed €692,446, of which €117,000 should come from some €350,000 damages awarded for loss of earnings into the future.
Equity
It also argues her parents could contribute some of the €217,000 equity expected from the sale of their previous home, valued at €550,000, as they will also move into the new home. The hospital had funded adaptations to that property, counsel said.
There is no general entitlement to the cost of a property in Sandymount when average prices in Dublin were some €275,000, it was argued.
Denis McCullough SC, for Charlotte, argued parents are not obliged to contribute equity towards costs of a new home required for their child, even if they will also move house.
The court reserved judgment on the appeal.
