€10m final lump sum payment for girl, 11, in birth injury case

This final payment brings to €12.2million the amount paid to Rachel Gallagher of Straide, Foxford, Co Mayo.

Her counsel Denis McCullough SC told the court Rachel's parents were of a strong mind that they wanted to finish the process with a final lump sum payment.

He said the family and Rachel herself found the ongoing process where she has to undergo medical examinations and assessments before court appearances very difficult.

Approving the settlement for Rachel the President of the High Court, Mr Justice Peter Kelly said this would have been Rachel's third time in court. Before coming to court each time she had to go through "a battery of tests and assessments" and this created a lot of stress for herself and her family.

He said he had a great deal of sympathy for the Gallaghers and had seen families in other cases who do did want another interim payment but also wanted a final lump sum payment.

He said Rachel who has made the best of the situation was a great example of the heroism of those suffering with this condition.

When the little girl put up her hand to be allowed speak and said "Thank you your honour."

Mr Justice Kelly said very few judges are thanked and he was very grateful to Rachel.The judge said it was a good settlement which will provide for Rachel for her life.

Rachel Gallagher, Straide, Foxford, Co Mayo had through her mother Ciara Hynes sued the HSE over the circumstances of her birth at Mayo General Hospital on September 28, 2006.

Ms Hynes was admitted to Mayo General hospital on September 27 and the next morning they started to induce the birth and syntocinon was commenced after midday.

Rachel was born in poor condition at 6.22pm. It was claimed there was a failure to properly manage and monitor the labour, delivery and birth of the baby. There was also it was claimed a failure between 2.44pm and 3.30pm to recognise , heed or act upon the unsatisfactory and highly suspicious pattern evidenced on the CTG trace.

There was also it was claimed a failure to to take any or any sufficiently proper or timely action to obtain specialist advice as to the condition of the baby and the steps which ought to have been taken in the circumstances. The court heard negligence was admitted in the case.

Mr McCullough told the court Rachel needs one to one case because she is at risk of falling.

Counsel said she is in fifth class at school and it is hoped she will go on to secondary school and university.

Her father, he said had reduced his involvement in his business to help with Rachel’s care.

Counsel said €10 million was reasonable and her parents are satisfied it is a fair and reasonable figure.

Her mother Ciara Hynes told the court in an ideal world they would maximise the damages for their daughter but she said it was not an ideal world and they were satisfied with the settlement.