Clare boy, 11, with cerebral palsy settles action against HSE with initial €2.1m payout
An 11-year-old boy with cerebral palsy who had sued in relation to his birth at a Limerick hospital has settled his action with an initial payout of €2.1m.
Rory Pender, the High Court heard has spastic quadriplegic cerebral palsy. He can walk without assistance but has difficulty jumping and only learned to run in the last few years.
The boy from Kildysart, Ennis, Co. Clare, had sued the HSE over the circumstances of his birth at St Munchin’s Regional Maternity Hospital, Limerick in 2009.
His Counsel Alastair Rutherdale BL told the court the action was settled after mediation this month over a Zoom video conference when liability was conceded in the case.
Counsel instructed by O’Connor Johnston solicitors said it was their case that Rory should have been delivered substantially earlier and an expert on their side had concluded the baby should have been delivered at 1am when in fact he was born one hour and 49 minutes later on May 1, 2009.
The payout approved by Mr Justice Kevin Cross includes an advance payment of €1.2m in the case as well as €500,000 in general damages and €400,00 in past special damages. When the case comes back before the court in five years' time, the boy’s future care needs will be assessed.
Rory Pender of Lacknashannagh, Kildysart, Ennis, Co. Clare, had through his mother Catherine Pender sued the HSE over his birth at the Limerick hospital in May 2009.
It was claimed there was an overstimulation of labour by the use of oxytocin and a failure at a much earlier stage to stop the oxytocin infusion and carry out a medical assessment and do a fetal blood sample. On the balance of probabilities, it was claimed these would have led to an emergency caesarean section or instrumental delivery.
There was also, it was claimed, an alleged failure to recognise the CTG abnormalities and an alleged failure to have adequate CTG training for staff at the time.
The baby, it was further claimed, suffered hypoxia during the latter stages of labour and soon after birth the baby showed evidence of respiratory distress and hypoglycaemia.
After an MRI scan on January 7, 2010, when Rory was seven months old, his mother was advised for the first time he might have a brain injury. The boy was subsequently diagnosed with cerebral palsy.
Rory cannot speak but attends school and has a special needs assistant.
Mr Justice Kevin Cross approved the settlement and adjourned the case until May 2025.
