Award for loss of opportunity increased in appeal from Hepatitis C Compensation Tribunal

Appeal from Hepatitis C Compensation Tribunal - appellant was awarded €85,000 in respect of her claim for post-traumatic stress disorder, €90,000 in respect of her claim for loss of society and €155,000 in respect of her claim for loss of opportunity by the Tribunal - s.5(15) of the Hepatitis C and HIV Compensation Tribunal Acts 1997 to 2006 - central issue to be determined related to the award in relation to loss of opportunity - appellant's father died in August 2008 - he had suffered from severe haemophilia A, a life-long condition for which he received blood and blood products within the State since 1976 - the father tested positive for hepatitis c in 1993 - it was accepted that hepatitis c was a significant contributor in the cause of his untimely death - appellant had wished to do veterinary medicine - learned of her father's illness during her leaving certificate year and this had a significant impact on her studies - appellant achieved 450 points in the Leaving Certificate - had expected to get about 100 points more - an educational psychologist assessed her I.Q. score at 133 which is in the top 1% of the population - her father's illness and death has a significant psychological impact on the appellant - the Court was satisfied that the appellant’s subsequent academic underperformance in the Leaving Certificate was attributable to the consequences of the emotional turmoil and disruption experienced by her as a result of and the means or manner by which she found out about her father’s illness - Court did not accept respondent's submission that the appellant had simply never attempted to pursue her intended career as a veterinarian - Court increased award for loss of opportunity from €155,000 to €255,000 - Court increased damages for loss of society of her father from €90,000 to €100,000.