Arklow Parents Win €60k Compensation Case

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Arklow Parents Win €60k Compensation Case

Wednesday, May 16 2007

The parents of a six-year-old autistic boy were today awarded more than €60,000 in compensation by the High Court.

Mr Justice Michael Peart ruled that the State delayed in providing Sean O Cuanachain with education between 2002 and 2004.

The youngster had taken legal action against the State through his father Cian, from Arklow, Co Wicklow.

The family argue that the State was compelled to provide Sean with 30 hours a week of Applied Behavioural Analysis (ABA), a type of education for autistic children.

The judge previously ruled that the State did not have to provide Sean with ABA.

It is understood around 150 families were awaiting the outcome of the test case.

However today Mr Justice Peart said delays which occurred in diagnosis, provisions of therapy, and interventions do constitute a breach of duty of care of the Health Service Executive (HSE).

Noting the good progress that Sean has made he awarded the family general damages of €60,000 and special damages of €10,686.56.

The issues of costs, which are estimated at more than €5m for the 68-day case will be mentioned before the court on May 23.

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