A €9.1m cerebral palsy birth injury compensation settlement has been approved at the High Court for a seven-year-old boy due to the events surrounding his delivery at Cavan General Hospital in 2011.
Jarrah Folkman (7) cannot walk or talk and Elysha McCrudden, his mother, told the High Court that she can never hear her son’s voice due to the injuries he sustained. She added that the birth injury compensation settlement will greatly help her son in relation to future treatment but she lamented that various windows of opportunities for Jarrah had been missed. Ms McCrudden added that, along with Jarrah’s father Ben Folkman, she had been made to feel that they were responsible for the manner of Jarrah’s birth at times over the last seven years.
In approving the cerebral palsy birth injury compensation settlement against the Health Service Executive, Justice Cross praised Jarrah’s parents for the care they have provided for him over the previous seven years.
Taking the birth injury compensation action through his mother, Jarrah sued the HSE in relation to the manner of his birth at Cavan General on April 19, 2011.
The High Court was told that there was an alleged failure to properly read the CTG trace which indicated a number of decelerations when Ms McCrudden was brought to the hospital on April 15, 2011. Ms McCrudden was sent home and came back to the hospital two days later.
The initial CTG trace, it was also alleged, was not noted as decelerative after Ms McCrudden’s admission and a plan was implemented to continue close monitoring and prepare for an expedited delivery.
Legal representation for Jarrah, Denis McCollough SC, told the High Court that an unsafe set of conditions had remained during the delivery. The baby it was alleged, should have been delivered on April 16. Mr McCollough said was flat and unresponsive and required resuscitation when he was finally given birth to.
The HSE accepted liability in the cerebral palsy compensation case which was before the court for assessment of final damages.