Cold sore left €4.5m award man with mind of a child

Date Published: 02-Jun-2011

By Bernie Ní Fhlatharta

A Galway man whose life was changed forever after he developed a cold sore was awarded €4.5m at the High Court for brain damage which left him in a permanent childlike state.

Martin Ó Brien from Laurel Park, Newcastle got a viral infection, Herpes Simplex, sometime between January and March of 1996 which led to viral encephalitis, leaving him severely brain damaged.

After a 15 year battle with the HSE, the O’Briens won their case when a High Court judge in Dublin approved the settlement.

This week, Annemarie, Martin’s wife, said she was delighted with the settlement but regretted that it had taken so long.

“The children are aged 16 and twelve now, but there were times when they were younger when I hadn’t enough money to put oil in the tank to heat our home. We have struggled financially over the years, but, even so, I made sure that the children always enjoyed Christmas and we tried to have holidays most years.

“Martin is still the same. Rachel was just a baby when this happened to him so the children never knew the Martin I married and they never had the father they should have had,” she said.

Martin, who is 45 now, was treated at Merlin Park Hospital for an itchy rash and sores, but at some point he developed Herpes Simplex which Annemarie says, was not treated by his medical carers.

Since then, about 13 years ago, Martin has been cared for at home by Annemarie. It was a cause of celebration when Benjamin was born, though admittedly he is more of a brother than a son to Martin.

“Martin is totally unaware of the settlement. As long as he has his cigarettes he’s happy. He goes to rehab in Ballybane most days and he loves it. The money will help certainly, but it will never bring Martin back to how he was,” she adds.

Annemarie’s strength and care of Martin was praised by the High Court judge. She has certainly shown great courage and determination. They had barely been three years married when the viral infection struck.

For more on this story, see the Galway City Tribune.