Man, 19, with cerebral palsy settles case against Rotunda Hospital for €6.5m

The High Court heard the settlement arose in the case of Ross McNally after mediation.

Siun Leonowicz BL, instructed by solicitor Tim O’Hanrahan this week, told the court that Ross suffered a hypoxic-ischaemic injury at the time of his birth. She said the case had gone to mediation in the last few weeks.

As part of the settlement, several thousand euros has been allocated so Mr McNally can avail of assisted technology. The court also heard that €500,000 related to past care.

Mr Justice Kevin Cross approved the €6.5m figure and congratulated the legal teams on reaching the settlement.

Ross McNally, Sherrard Court, Dublin had through his mother Samantha McNally sued the Rotunda Hospital over the circumstances of his birth at the hospital on March 8, 2001.

Ms McNally was admitted to the hospital on March 7, 2001, following the onset of labour.

CTG tracing was started but over the course of the morning of March 8, the appearance of the foetal heart rate pattern on the CTG, it was claimed, was deteriorating.

It was claimed despite the worsening appearance of foetal heart rate on the CTG tracing, Syntocinon was begun at 5.30am and steadily increased.

It was further claimed that despite the pathological appearance of the CTG and despite a clear indication to deliver the baby at 8.15am the labour was allowed to progress.

At 9.20am a decision was made to deliver the baby and he was born at 9.50am after an emergency caesarean section but he was in a cyanosed condition.

It was claimed that resulting from the treatment proffered to the mother and baby on March 7 and March 8 and the delay in performing the caesarean, the baby suffered hypoxia.

There was, it was claimed, a failure to recognise the appearance of atypical deceleration on CTG tracing and that it was pathological. There was, it was claimed, a failure to manage or appropriately manage the second stage of labour and the baby’s delivery was delayed by 65 minutes.

Liability was conceded in the case before mediation.

In an affidavit to the court, Ms McNally said she was satisfied with the settlement and she was anxious to put structures in place to adequately support her son’s needs.