High Court awards boy injured at birth a further €500,000
A payment of nearly €500,000 has been approved by the High Court in the case of a 7-year-old boy who suffered brain injuries at birth in a hospital in the South East of the country.
This brings to a total of €2.3million paid out to the boy who has cerebral palsy and is severely physically disabled.
The boy who is a ward of the court cannot be identified.
Approving the settlement the President of the High Court, Mr Justice Peter Kelly said it the was for the boy’s care for the next three years.
He said when the case comes back before the court in three years time, he hoped the legislation will be in place to provide from the outset for periodic payments in cases involving the catastrophically injured.
Speaking to the boy’s parents, he said he was sure the Four Courts was the last place they wanted to be, and he told them the legislation was promised six years ago, but it is still not in place.
When the boy previously settled the case in 2014, with an interim payout of €1.8million the hospital apologised to his parents.
The hospital said it sincerely regretted the injuries caused and " the undoubted trauma which has been suffered by his parents".
The apology was issued when the HSE admitted liability in the case.
His Counsel Denis McCullough SC told the High Court yesterday the boy is a bright child who is doing well at school and he has some speech which his family can understand. Two years ago Counsel said the boy had surgery in his lower limbs and he can now stand.
The boy had through his mother sued the HSE over the management of her labour and the circumstances of his birth in 2010.
It was claimed there was a failure to monitor the foetal heart properly or at all during labour and a failure to appreciate the worrisome CTG traces throughout the labour as well as a failure to discern or react to the signs of foetal distress and hypoxia.
It was also claimed there was a failure to deliver the baby as quickly as possible once there were clear signs of foetal distress.
The boy, it was claimed was delivered far too late and after foetal compromise and there was a failure to meet the relevant standard of care during the first and second stages of labour.
It was further alleged there was a failure to give a candid explanation for what happened and why and a failure to notify the boy's parents of the outcome of any investigations.
The case will come back before the court in 2020 when the boy's further care needs will be assessed.
