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Dismissal of Personal Injury sustained prior to birth

Judge Matthew Deery in the Circuit Court recently approved a settlement of just under €18,000 with respect to a now teenage girl who was still in her mother’s womb when the car her mother was driving was involved in a collision causing her injury. The collision resulted in an early onset labour which resulted in the girl being delivered prematurely, and suffering respiratory distress syndrome as a result. As the case was settled, no determination was made by the Court in relation to whether the crash caused the respiratory distress syndrome. The Defendant had filed a full Defence and argued that as the injury was suffered prior to birth compensation in damages was not payable.

'The now teenage girl who was still in her mother’s womb when the car her mother was driving was involved in a collision causing her injury.'