The High Court has given approval for a €10m compensation settlement for an 11-year-old girl who has suffered with cerebral palsy since, and due to, her delivery on September 26, 2006 at Mayo General Hospital.
Legal representative for Rachel Hynes, Denis McCullough, said in court that her parents were extremely eager to finish the process with a final lump sum compensation payment. He commented that this is because Rachel and her family found the legal process, involving medical examinations and assessments before each court appearance, very trying.
Approving the cerebral palsy compensationaward against the HSE, President of the High Court Mr Justice Peter Kelly pointed to the fact that this would have been Rachel’s third time in court. She had to go through “a battery of tests and assessments” before each subsequent appearance.
Ms Hynes was brought to Mayo General on September 27 and the next day they began to induce the birth and syntocinon was started after midday.
Rachel was born in poor physical condition. It was claimed in court that there was a failure to adequately manage the labour, delivery and birth of Rachel. The court heard liability was accepted in the case. Rachel requires one-to-one care because she is in danger of falling, Senior Counsel Denis McCullough told the court.
Rachel is currently in fifth class at school and it is envisaged that she will go on to attend both secondary school and receive third level education. When Justice Peter Kelly announced the approval, Rachel thanked him publicly.
Mr Justice Kelly remarked that is a rare occasion when judges are thanked and he was very grateful to Rachel for this. He said that it was a good compensation settlement, which will allow Rachel to receive the care she will needs for the foreseeable future.