Settlement for Accident Injury in Creche

The case involving Sean Ross McGowan, who suffered brain damage and blindness as the result of almost drowning in a park pond, has been decided the high Court for a settlement for and accident injury in a creche of £542,000.

Sean was just 21 months old when in August 2007 he was taken on a crèche outing to a park. He was permitted out of his buggy and, while care staff were chatting between themselves, disappeared for some minutes before being discovered at the bottom of a nearby pond.

Sean was near to drowning when rescued and, despite being resuscitated by a doctor, suffered catastrophic brain damage to 95% of his brain. The accident left Sean, now 5, totally blind, incapacitated and in need of permanent care.

The court heard how Sean had been a lively good-humoured child prior to the accident and the creche was a funded service, the health service will also pay the lifelong costs of care for the child.

The defendants had previously admitted liability for the accident, and the case was only in court for final assessment of damages and court approval as with all compensation claims involving children. Approving the award in court, Mr Justice Ryan paid tribute to the child’s parents and said it was obvious they were committed, devoted and dedicated to him.