Court Approves Settlement of Fatal Injuries Proceedings despite Objections of Deceased’s Mother

James Cross BL, Decisis

January 20, 2022

Cooney v Health Service Executive [2021] IEHC 754 (High Court (General), Simons J, 20 December 2021)

The High Court, in fatal injury proceedings where the deceased’s mother did not consent to the approval of the settlement, approves the settlement on the grounds that, in light of the difficulties arising, there was no realistic prospect of a higher sum being achieved at trial; and the court apportions €27,500 of the solatium to the deceased’s partner and €7,500 to the deceased’s mother in light of the mental distress suffered, and orders that the deceased’s mother be repaid certain funeral expenses.

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