Child who lost tip of finger in creche accident awarded €80,000

The High Court heard Robert Murphy was nearly two years of age when the accident happened as he attended a creche near his home. 

 

Robert, now aged five years, of Waterside, Malahide, Co Dublin, had through his mother Katrina Murphy sued TLC Creche Waterside Ltd, of Waterside, Swords Road, Malahide, Dublin, as a result of the accident on November 29th, 2018. 

 

It was claimed the boy’s right index finger got caught in the hinge mechanism of a toy cupboard which was being closed by another child, resulting in him suffering a subtotal amputation in the nail area. 

 

Michael Connellan BL, instructed by solicitor Iain Montgomery, told the High Court that surgeons had tried unsuccessfully to repair the finger but the boy had to have the tip amputated a few days later. 

 

In a sworn statement to the court, the boy’s mother said she got a call from the creche manager to say her son had sustained a hand injury. 

 

Ms Murphy said her husband went to the creche where he found Robert in the arms of a creche staff member. She said an ambulance had been called and her son was “extremely distraught”. 

 

Ms Murphy said doctors believe the loss of the tip of the finger may lead to difficulties with the simplest of tasks such as holding keys or coins and that playing a musical instrument will be difficult for him. 

 

The Personal Injuries Assessment Board had in December 2020 assessed general damages in the case at €80,000 and that figure was before the High Court for approval. 

 

Approving the assessment, Mr Justice Garett Simons noted the child has a minor functional deficit on the right index finger and will have difficulty playing a musical instrument, according to medical reports. 

 

Mr Justice Simons said it was a good assessment. 

 

The Irish Times