Monthly Archives: December 2016

Court Hearing for Failure to Diagnose Pregnancy Complication

Dublin’s High Court has approved a seven-figure settlement of compensation for a woman whose vasa praevia complications were not diagnosed throughout her pregnancy.

In October 2010 at Cork’s University Maternity Hospital twin boys were delivered by an emergency Caesarean Section to a mother from Midleton, Co Cork. However, whilst one of the infants was declared healthy, the second had suffered foetal distress in utero and as such was weak after delivery. He was then diagnosed with spastic diplegia cerebral palsy.

Acting on behalf of her young son, the mother made a claim for medical negligence compensation for the failure to diagnose vasa praaevia complications during her pregnancy. Vasa praaevia is a condition in which the blood vessels of the foetus are near the internal uterine opening, putting them at risk of rupturing during labour. The woman, who has remained anonymous, alleges that earlier scans revealed that one of the placentas was low-lying.

However, representatives for the Health Service Executives (HSE) and Cork University Maternity Hospital – against whom the allegations were made – denied that they were liable for the birth injury. They claimed that it was not standard practice to conduct further scans or tests after such a placenta is identified to eliminate the risk of vasa praaevia complications. They did, however, agree to pay an interim sum of compensation without admitting guilt.

The claim was made on behalf of a minor and as a consequence had to be approved by a High Court judge before any settlement could be awarded. The approval hearing was held earlier this week at the high Court of Dublin, where the judge was told about the circumstances of the pregnancy and birth and what could have been done to prevent the boy’s injuries.

The court was also told of how the child, now aged six, has received a National Children of Courage Award. His friends and family had also raised funds for him to fly to the United States for selective dorsal rhizotomy surgery, which allowed him to walk for the first time. However, he still requires therapy for speech and language acquisition.

The interim settlement was approved by the High Court. The case was then adjourned for five years, after which an additional assessment will be conducted.

Court Approves Interim Settlement of Spastic Diplegia Cerebral Palsy Compensation

The High Court has approved a €1.98 million interim settlement of spastic diplegia cerebral palsy compensation in favour of a six-year-old boy.

The six-year-old boy was one of a set of male twins born by emergency Caesarean Section at Cork University Maternity Hospital on 5th October 2010. Although his brother was delivered successfully, he was born in poor health having suffered foetal distress in his mother´s womb. He was later diagnosed with spastic diplegia cerebral palsy.

On the boy´s behalf, his mother claimed spastic diplegia cerebral palsy compensation – alleging that there had been a failure by the hospital to exercise reasonable care at the antenatal stage of the pregnancy. She alleged that scans in June and September had revealed a low-lying placenta, a foreseeable cause of vasa praevia complications.

The Cork University Maternity Hospital and Health Service Executive (HSE) denied liability for the boy´s birth injuries – arguing it was not normal practice to investigate the risk of vasa praevia complications. However, an interim settlement of spastic diplegia cerebral palsy compensation was agreed without an admission of liability.

As the legal action had been brought on behalf of a child, the interim settlement of spastic diplegia cerebral palsy compensation had to be approved by a court to ensure it was in the boy´s best interests. At the approval hearing, the High Court was told about the circumstances leading up to the boy´s birth and the alleged lack of regard to the operative risk indicators for foetal distress.

The High Court was also told how, in 2014, the boy had won a National Children of Courage Award, and that last year a crowd-funding scheme raised enough money to fly the family to Missouri for Selective Dorsal Rhizotomy surgery. As a result of the surgery, the boy is now able to walk short distances, but he still requires physiotherapy, speech, language and occupational therapy.

The interim settlement of spastic diplegia cerebral palsy was approved by the High Court and the case was adjourned for five years for reports to be conducted into the boy´s future needs. In five years´ time, the family will be eligible for a further interim settlement or a lump sum payment of spastic diplegia cerebral palsy compensation if a periodic payment system has not yet been introduced.