A 48-year-old woman with cerebral palsy who sued over the management of her birth at The Coombe Hospital, Dublin, has settled a High Court action with a €6.25 million interim settlement.
Avril O’Brien, who has spastic diplegia, has to use a wheelchair and needs continuing care, was born in The Coombe Hospital, Dublin, in 1978.
Avril’s case is believed to be the oldest ever such birth action alleging negligence before the courts.
Defence Barrister, Patrick Treacy, instructed by Cian O’Carroll solicitors, told the court the settlement against the hospital represents five-eighths of the full value of the case and was reached after mediation. The settlement is without an admission of liability.
Outside court, Avril’s father, Paddy O'Brien, from Kildangan, Co Kildare, said the family, who had to fight for services for their daughter over the last four decades, were happy with the settlement.
“We feel overwhelmed. It is a great settlement for us, and we know now that Avril’s care needs for the rest of her days will be catered for. It is a great relief. She can live in her own house, and she will have all the services she needs now. Over the years, we had to fight for everything,” he said.
Mr Treact told the High Court that Avril’s mother, Catherine O’Brien, when she was 22 years of age, was expecting her first child in 1978.
She had attended The Coombe Hospital at the start of April 1978 for the induction of labour. It was not successful, and the mother, Counsel said, was discharged home.
Mr Treacy said at that stage the mother was ten days over her expected due date. She returned to the hospital on April 10 for a repeat induction at fifteen days overdue. Counsel said Avril was delivered by caesarean section after 4pm, but it was their case that a caesarean should have been performed earlier.
Mr Treacy said there were major issues in the action over the alleged delay in bringing the case.
Also at issue in the case was the assessment of the standards of care in maternity hospitals at the time in 1978. He said an expert on their side contended that the proper practice at the time was allegedly not followed but this was disputed by an expert on the hospital side.
Avril O’Brien from Kildangan, Co Kildare, had, through her father Paddy O’Brien, sued the Coombe Women and Infants University Hospital, Dublin, over the management of her birth in 1978.
In the proceedings, it was claimed there was an alleged failure to counsel the mother in respect of the risks of allowing the pregnancy to proceed beyond 42 weeks.
It was further claimed that over two hours before the delivery by caesarean section on April 10, there was an alleged failure to proceed by way of emergency caesarean section.
All of the claims were denied.
The interim settlement is for the next twelve years, when the case will come back before the court, and Avril’s future care needs will be assessed.
Approving the settlement and noting the three-eighths discount, Judge Paul Coffey said it was fair and reasonable considering the litigation risk in the case.
The judge referred to the magnificent care Avril’s parents had given her until now, and he said he was delighted the case had been resolved to the satisfaction of the O’Brien family. He wished Avril and her family all the best for the future.
