A nine-year-old boy who broke his leg in a creche accident in 2014 was awarded €52,600 creche accident compensation against its the owners of the childcare centre.
Legal representative for the boy’s family, Barrister Ronan Quinn told the court that Cillian Geraghty was with a group of children who were brought to the bathroom to use the facilities on September 17, 2013, just days in the aftermath of his fourth birthday.
Mr Quinn, who was representing for Ms Andrea Geraghty and her Cillian, was appearing in court along with Joe Clancy Solicitors and advised the court that Cillian broke a thigh bone after a fall and was restricted in his movement for a number of weeks. He had to stay home from school in a right hip spica cast. Andrea informed Circuit Court President Mr Justice Raymond Groarke that a light was switched off and on, without any warning, which startled Cillian and he fell in the bathroom at the creche.
Cillian was brought to Crumlin Hospital on the day of the accident for treatment. Medical staff at the children’s hospital chose to keep the boy in overnight before he underwent surgery the next day.
Mr Quinn told Judge Groarke that, following initial examinations and care, Dr Paula Kelly, consultant orthopaedic foot and ankle surgeon at the Beacon Consultants Clinic, Sandyford, Dublin, noted a 0.5mm length discrepancy between Cillian’s right leg and his left. However she said that this condition had resolved itself when she reviewed in during later examinations.
Ms Geraghty informed the court, via an affidavit, that the Personal Injuries Assessment Board (PAIB) had said a creche accident compensation award of €32,000 would be standard for an injury such as the one Cillian suffered. However, she was not satisfied with this. Additional settlement negotiations were conducted between all parties involved and RSA Insurance, who were representing the creche. Following this a new compensation offer of €50,000.
Ms Gerathy told Judge Groarke that the family had also had to repay a sum of €2,000 to their private health insurers.
Judge Groarke, who said he was satisfied from Ms Geraghty’s assurances to the court that Cillian had returned to full health after the accident. He approved the creche accident compensation settlement terms of €52,600.