High Court allows an appeal from an award by the Hepatitis C Compensation Tribunal of €100,000 in relation to a daughter’s claim for loss of society of her father, and substitutes the sum of €120,000 in light of the evidence that showed that she was particularly close to her father, who had died when she was in her early teenage years.
Assessment of damages – appeal from Hepatitis C Compensation Tribunal - claim for loss of society – father received infected blood products - developed decompensated liver disease - forced to cease remunerative employment and ultimately led to his untimely death – compensated for post traumatic stress disorder and loss of opportunity - Tribunal accepted in full the evidence which was led - no new matters of substance arise for consideration on this appeal - whether the award of the Tribunal in the sum of €50,000 for loss of society was fair and reasonable - jurisdiction of the Court to vary an award – function of the court on appeal - de novo Application – review of case law - life expectancy of the deceased - the closeness and importance of the parental and emotional relationship - deceased appears to have gone out of his way to prepare his daughter to cope not just with his impending death but also with the domestic burden which was likely to fall upon her - missed her father’s presence at important events - hard to imagine a closer relationship between a father and his daughter - immensely strong emotional and intellectual bond which was likely to have persisted during their joint lives – Court that a fair and reasonable sum to compensate her into the future is €120,000 – allow the appeal and vary the award.