€7m for Junior Cert student injured at birth
A 15-year old boy who suffered brain damage at birth has settled his High Court action for €7million.
Dean Nolan who will be sitting his Junior Cert in June had sued over the circumstances of his birth at the National Maternity Hosptial, Holles Street. Dublin in February 2002.
Mr Justice Kevin Cross was told liability had been admittd in the case last week.
Dean Nolan, Ardmore View, Gorey, Co Wexford had through his mother Kelly Campbell sued the National Maternity Hospital and the HSE over the circumstances of his birth at the National Maternity Hospital, Holles Street, Dublin on February 1, 2002.
It was claimed Ms Campbell was admitted to the National Maternity Hospital and was induced. Dean was born after 2am on February 1, 2002.
It was alleged that in the course of labour CTG readings revealed numerous and complex decelerations in the heartrate of the baby and after five hours in the labour ward oxytocin was commenced and later increased. Dean was delivered by ventouse and was in poor condition at birth requiring resuscitation and later intubation and ventilation.
It was further claimed there was an alleged failure to treat Ms Campbell and the her baby with all necessary skill,care , dilligence and expertise and an alleged failure to to ensure the delivery of the baby in an expedient manner particularly in the light of the CTG readings.
Charles Meenan SC for Dean told the court that the case was unusual in that Dean does not have any physical deficits but had deficits of a neuro cognitive nature. Experts on both sides agreed the boy did not have cerebral palsy, Counsel said.
Counsel said Dean's parents Derek Nolan and Kelly Campbell had made superhiman efforts in their care for their son.
Counsel told Mr Justice Cross the family since had two further children and Ms Campbell who had been a supermarket assistant manager had to give up her job to look after her son.
Counsel said Dean will need help for the rest of his life and it was clear the neurological deficit will impact on his life. He said Dean's parents and legal team were happy to recommend the settlement figure.
Dean's mother Kelly Campbell said her son was now preparing to sit his Junior Cert and the family wanted to put the case behind them and get on with their lives .
Approving the settlement Mr Justice Cross said it was a good one and while Dean did not have physical problems,the settlement will provide care for him for the rest of his life. He wished Dean and his family well for the future.
