B. -v- C. & Anor [2011] IEHC 88 (31 January 2011)

Plaintiff is entitled to damages for pain, suffering, psychological trauma, and financial losses actually incurred due to defendants' negligence and subsequent medical treatment, but not for the speculative risk of developing vCJD, as current law does not permit provisional or staged damages for such risk.

Citation: [2011] IEHC 88
Parties: Plaintiff: A. B.; Defendant: B. C.; Defendant: C. D.
Jurisdiction: Ireland
Judgment Date: 31 January 2011
Procedural Posture: Personal Injury / Assessment of Damages
Outcome: Damages assessed and awarded to plaintiff; no provisional damages for vCJD risk.
Legal Topics: Negligence, Damages, Psychological Injury, Exposure to Disease, Burn Injuries

Tort Law Personal Injury Negligence Damages Psychological Injury Exposure to Disease Burn Injuries

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Parties

A. B.

Plaintiff

B. C.

Defendant

C. D.

Defendant

Procedural Posture

Personal Injury / Assessment of Damages

Legal Issues

1 Assessment of damages for burn injuries and psychological trauma
2 Compensation for risk of developing vCJD
3 Connection between negligence and subsequent medical treatment

Ratio Decidendi

Court Disposition

Damages assessed and awarded to plaintiff; no provisional damages for vCJD risk.

Orders

Plaintiff awarded €500,000 for pain and suffering to date including mental distress and psychological trauma.
Plaintiff awarded €200,000 for pain and suffering in the future.