Medical Negligence – damages award to deceased’s family reduced
Defendants are appealing against an award of €1,591,957 which was awarded to plaintiff following the death of her husband in 2003 as result of medical negligence and breach of duty by defendants. Whether plaintiff is entitled to recover sum in respect of loss of inheritance of family farm from the deceased’s mother which would have come to her husband had he survived, but which was subsequently bequeathed to deceased’s sister. Whether deduction should have been made by reason of relevant contingencies.
Held, decision of trial judge that as a matter of principle the dependants were entitled to recover damages in respect of the pecuniary loss suffered by them in relation to their loss of inheritance of family farm, discount of 25% ought to have been applied to full accelerated value to allow for contingencies, value of total benefits received by dependants to date of trial to be deducted. Award reduced from €1,591,957 to €1,003,112.
Davoren, Grace v Health Service Executive, John Lee and Oliver McAnena
Court of Appeal, Finlay Geoghegan J, 18/2/2016,  IECA 39, 2014/362