19-year-old Ross McNally has had his cerebral palsy negligence compensation claim settled for €6.5m following weeks of mediation talks. The claim was made in relation to injuries that arose from complications experienced during his delivery at the Rotunda Hospital on March 8, 2001.
The settlement agreed incorporates €500,000 linked to past care and several thousand euro is to be dedicated to assisted technology that will give Mr McNally more freedom. Judge Justice Kevin Cross gave his approval for the €6.5m settlement figure and congratulated both sets of legal teams on successful mediation talks.
The court was advised by Siun Leonowicz BL, instructed by solicitor Tim O’Hanrahan, that this settlement for Ross McNally was the result of weeks of mediation talks. Before the beginning of the mediation talks liability in the case had been admitted.
Ms Leonowicz this week told the court that Mr McNally been inflicted with a hypoxic ischaemic injury at the time of his birth and the compensation claim was being vade via his mother Samantha McNally against the Rotunda Hospital as they were responsible for her (Samantha’s) care.
On March 7 2001, due to the the onset of labour and CTG tracing, Ms McNally was taken to the Rotunda Hospital. The next morning, March 8, a review indicated that the foetal heart-rate pattern on the CTG was disimproving.
The court was advised that the Syntocinon treatment, which leads to the contraction of the muscles of the womb, was initiated at 5.30am and slowly increased, despite the worsening condition of foetal heart rate on the CTG tracing. It was additionally alleged that labour was allowed to progress at 8.15am despite the pathological appearance of the CTG. At 9.20am a decision was made to deliver the baby and an emergency caesarean section was carried out at 9.50am. The baby boy was in a cyanosed condition.
It was claimed by the plaintiff that that there was a failure to recognise atypical deceleration on CTG tracing and that it was pathological. In addition to this it was alleged that appropriate management of the the second stage of labour was absent and the baby’s delivery was delayed by 65 minutes.
Ms McNally submitted an affidavit to the High Court, stating that she was happy with the settlement.