A judge has approved a settlement of compensation in a birth negligence claim amounting to a total of €15 million.
At Kerry General Hospital in May 2006, a baby boy was born by emergency Caesarean Section. Due to negligence of the staff in charge of his birth, a series of tragic and preventable errors occurred. These included no action was taken on a CTG trace indicating foetal distress, and when a heartbeat that indicated issues in the womb, no consultant obstetrician was informed of the potential dangers. Furthermore, the consultant obstetrician was not made aware of the possibility of foetal hypoxia, and the baby’s birth was avoidably delayed by approximately two hours.
Due to the avoidable delay, the boy endured a lack of oxygen in the womb, resulting in devastating brain damage. He was diagnosed with mixed dyskinetic spastic cerebral palsy. Now ten years of age, he requires 24-hour care by his family. He cannot verbally communicate, and he is confined to a wheelchair. Despite the clear negligence of their staff, the HSE failed to admit liability for nearly a decade. During this time, the boy´s family had to care for him on their own without the support they should have received from the state.
The HSE only admitted liability in 2016 after a nine-year legal battle with the family. They were prompted to admit their fault after being threatened with aggravated damages by the boy’s parents. An interim settlement of €2.7 million compensation for brain damage at birth was rushed through the courts. After further negotiations between the two legal teams, the family returned to court earlier this month for the approval of a final lump sum settlement of compensation for brain damage at birth. The final lump sum was agreed upon as €15 million . As the boy is a minor, the amount had to be approved by a judge to deem it sufficient to the boy’s long-term needs.
Judge Kelly stated that he felt the settlement was “commercial common and legal sense”. He further paid tribute to the boy´s parents for their dedicated care of their son. He further added while no money would compensate the boy and his family, it was the only form of redress the law could provide. He hoped it would give peace of mind that there is a fund to care for the boy´s needs into the future. As the boy is a ward of court, the settlement of compensation for brain damage at birth will be paid into court funds and managed by court authorities.