High Court approves proposed settlement of fatal injuries proceedings taken by the minor plaintiff in respect of her mother's death following admission to the accident and emergency departments of two Dublin hospitals, in the amount of €325,000 without any admission of liability, where, despite objections from the plaintiff's grandmother as to the adequacy of the proposed offer, the court is satisfied that: certain of the underlying assumptions of the plaintiff's actuarial report before the court are vulnerable to challenge were the matter to proceed to trial in view of the deceased's long history of ill-health; and the fact that the figure claimed for care and domestic assistance to be provided to the minor plaintiff may be the subject of a multiplier which could revise down significantly any such amount achieved following a trial of the action.
Application to approve proposed settlement - fatal injuries - alleged error in failing to treat plaintiff's mother as 'high risk' upon entry into accident and emergency ward at two hospitals due to her chronic alcohol dependency - actuarial report of minor's claim for loss of dependency - capital value of loss based on social welfare payments - care and domestic assistance - special damages - solatium - full value of claim - opinion of senior counsel - limits on use of actuarial evidence - objections to actuarial assumptions - objective assessment of prospects of achieving a higher award were matter to go to trial - significant risk of downward revision of figures for care and domestic assistance - order approving settlement - no finding on liability - offer without any admission of liability - form of order