Parents Face €500,000 Legal Bill After Losing Negligence Case

The parents of a brain-damaged child have lost a court action over alleged negligence in their son's treatment after his birth at the National Maternity Hospital, and now face legal costs of up to €500,000.

Mr Justice Sean Ryan said he had no choice under law but to award half of the costs of the case to the hospital.

The hospital had sought all its costs.

While the normal rule requires costs to go to the winning side, the judge said he was reducing the costs order to 50%.

The court heard that the family home is the only asset of Mrs Duffy, a primary school teacher, and her husband Anthony, who works in property maintenance.

The couple has three children. Their eldest son Mark is profoundly disabled and requires 24-hour care. Mark suffering severe brain injuries and loss of an eye after contracting meningitis following his premature birth.

The judge stressed he was very sympathetic to the parents, very much admired them and their son, and was very troubled by all the matters raised on their behalf in opposing costs.

He said if there was any way he could legitimately avoid awarding costs against them, he would do so, but under the law felt he had no choice.

(H)