Boy who suffered brain injury after mother thrown from car while pregnant settles High Court action for €7.5m

An eight-year-old boy who suffered a brain injury after his mother was thrown from a car in a road accident while on the way to have a final pregnancy scan has settled his High Court action for €7.5m.

Boy who suffered brain injury after mother thrown from car while pregnant settles High Court action for €7.5m

An eight-year-old boy who suffered a brain injury after his mother was thrown from a car in a road accident while on the way to have a final pregnancy scan has settled his High Court action for €7.5m, writes Ann O'Loughlin.

Cian Hammel had to be delivered by emergency caesarean section in hospital after his 17-year old mother was thrown from the car when the seven-seater vehicle in which she was a passenger overtook another car, went out of control and ended up overturned in a field.

Mr Justice Kevin Cross was told the driver of the car was not insured. The young mother had been on her way for a final scan a few days before her due date.

Cian Hammel, Ford Court, Kilmuckridge, Co Wexford had through his grandmother Ann Hammel sued the driver of the seven-seater vehicle Simon Jordan, Monaseed, High Fort, Gorey, Co Wexford and the Motor Insurers Bureau of Ireland (MIBI) as a result of the accident on February 3, 2009 near Manhanagh Screen, Co Wexford.

It was claimed the vehicle which was driven by Mr Jordan went out of control, turned over causing Cian's mother Roisin Hammel who was a rear seat passenger to be thrown from the vehicle. It was further claimed Mr Jordan had overtaken another vehicle when it was not safe to do so and and was allegedly driving at a speed which was in all the circumstances including the weather conditions excessive.

The claims were denied.

Senior Counsel Rosario Boyle told the court Cian's mother Roisin who was studying for her Leaving Cert accepted a lift to attend her final scan. Counsel said Ms Hammel was not wearing a seatbelt but the MIBI later accepted and acknowledged had Ms Hanmel been wearing a seatbelt the outcome for Cian would not have been better.

Counsel said it was minus 1 degrees celsius and the driver overtook another car, went in to a field and and turned over.

She said Ms Hammel's waters broke and she had to have an emergency caesarean section in hospital due to foetal distress.

The young mother, Counsel said was told to expect the worst and when Cian was born he had to be resusciatated and there was multi-organ failure.

The boy now has difficulty walking and is unsteady on his feet and also has difficulties with language.

Approving the settlement Mr Justice Cross said it was a fair and reasonable settlement and he hoped it will provide for Cian's needs for the future. He wished the family well.

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