An anomaly in the law was exposed in the courts yesterday following the approval by the High Court of a €1.2 million settlement in the case of Amanda Davey from Ballina.

Amanda died in May of last year following a brain injury she sustained in 2016.

Yesterday’s settlement was for the future care of her two children.

In November of 2021 her lawyers had pleaded with the state to allow her action for damages against the HSE to go ahead at the same time as an action to consider the future care needs of her children.

However, that was not possible as the law in its present form allows only one legal action to be heard arising from a wrongful act which meant that her children could only take their action after her death.

Family Solicitor David O’Malley of Callan Tansey Solicitors is urging the government to amend this law as a matter of urgency.

He spoke to Tommy Marren on the Tommy Marren Show this morning …   

(pic: RTÉ)