Interim Settlement Approved for Birth Injuries

A young boy has been awarded a €1.35 million settlement of medical negligence compensation by the High Court of Dublin.

The child, who has remained anonymous, was born the Cork University Maternity Hospital in March 2010. However, his parents allege that the medical staff were negligent in their actions by failing to correctly interpret a CTG scan which indicated that the boy was suffering from foetal distress syndrome.

As the scan did not appear to return any worrying results, the necessary Caesarean section was not performed in a timely manner. As such, the boy suffered from hypoxic ischaemic encephalopathy due to a lack of oxygen. When he was delivered, it was apparent that he had severe brain damage.

The brain damage was extensive, and the young boy – now six – is blind and unable to speak. Suffering from daily seizures, he is reliant upon his parents and extended family for twenty-four hour support. The family receives additional care from the Jack and Jill Foundation.

Acting on her son’s behalf, the boy’s mother consulted a medical negligence solicitor and made a claim against the Health Service Executive (HSE). Though the HSE denied that they were negligent, they agreed to pay an interim settlement of compensation of €1.35 million without admitting liability. The case will then be assessed for further settlements.

The claim proceeded to the High Court of Dublin for approval. Mr Justice Kevin Cross, who oversaw proceedings, was told of how hard it was for the boy’s family to get compensation for the delayed Caesarean section, and of their relief that the process was over. Wishing the family the best for the future, Judge Cross approved the settlement and adjourned the case for three years.

Posted in Childbirth Negligence in Ireland