An eight-year-old boy been awarded €22.5m brain injury compensation in relation the suffering he experienced when the fact that he had contracted a meningitis infection, in the days after his birth, was missed by those attending to him.

At the High Court an apology was read out in court by Cork University Maternity Hospital to the boy in question, Calum Spillane and his family. The apology expressed regret in relation to “the delay in diagnosing Calum’s infection and the injuries he suffered.”

It went on: “We can only express our sincere regret to you and your family for what has happened and wish you both and your two boys Calum and Tom the very best for the future.

“CUMH have learned important lessons from your experience and we continue to educate out staff regarding the importance of optimal communication and escalation across all our multidisciplinary team.”

Representing Calum in court, Dr John O’Mahony SC said that his (Calum’s) speech is “enormously limited” due to his dyskinetic cerebral palsy. He is also confined to his wheelchair and needs full- time care. He said: “He was born in good condition and a bad infection developed. The hospital were not alert when they should have been, Calum developed meningitis and there were devastating personal sequelae for him and for the rest of his life.”

Calum was born on August 1 2012 and it was claimed that, following his delivery, there was a delay diagnosing and treating his Group B streptococcal infection. This delay was such that the infection evolved to the extent that he suffered with meningitis and a significant brain injury. It was also claimed that there was negligence as no one saw to it that the proper assessment of the baby was carried out. This was despite the fact that the midwives had recorded their concerns for the baby on three times on the afternoon/evening of August 2.

Following mediation talks in the birth negligence legal action liability was admitted and the settlement was agreed. The settlement is one of the highest before the High Court for a person who has suffered extensive brain damage at birth.

Calum’s mother Linda, speaking to the court after the approval of the settlement, said that she and her family hope their son will now receive the treatment he requires. She said: “We want him now to have a team working with him and to have one to one for speech and other therapies. He always has a big smile on his face and he is very sociable.”

Mr Justice Kevin Cross, as he was approving the settlement, said he felt it was a satisfactory settlement and should not be regarded as  a “bonus” by anybody. This settlement is to give assistance and treatment to Calum for the rest. he concluded by wishing the family well and commended the parents for the support that they have provided so far.

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.

A five-figure interim settlement of compensation for a young boy whose birth was delayed due to alleged medical negligence was approved in Dublin’s High Court.

The claim for compensation was made on behalf of a six-year-old boy, who was delivered at the Sligo General Hospital in May 2010. However, it is alleged that due to a failure to correctly interpret the results of a CT scan, the boy – who originally from Ballagharderreen, Co. Roscommon – suffered from severe birth injuries.

The CTG trace had been taken at 5:30pm, and the claim alleges that it indicated the boy was suffering from foetal distress syndrome. However, no emergency Caesarean section was arranged and his delivery was delayed by two hours.

The delay meant that the boy suffered from a lack of oxygen in the womb, and now he suffers from cerebral palsy, though was described in court as a bright and sociable child. He and his family have since moved to Canada.

Acting on her son’s behalf, his mother made a claim for medical negligence compensation against the Sligo General Hospital and the Health Service Executives (HSE). The HSE quickly admitted liability and initiated negotiations concerning a settlement of compensation. They also apologised to the boy and his family for their failings, explaining why there was a delay in delivery.

The negotiations resulted in a €704,000 interim settlement of compensation, which should provide for the child’s care over the next five years. The case then proceeded to the High Court of Dublin such that the settlement could be assessed by Mr Justice Kevin Cross.

At the hearing, Judge Cross heard the circumstances of the birth and the reasons behind the delayed delivery. Whilst praising the boy’s family for the care they provided him over the past six years, he also commended the HSE’s cooperation and provision of an explanation. Judge Cross proceeded to approve the settlement and adjourned the case for five years.

An interim compensation settlement worth €1.35 has been approved by Dublin’s High Court on behalf of a disabled child.

In March 2010, the young boy in question was born at Cork University Maternity Hospital. However, his parents allege that staff at the hospital failed to correctly interpret the results of a CTG scan that indicated their child was suffering from foetal distress syndrome.

As the staff did not believe the foetus was in any danger, there was a delay in performing a Caesarean section to deliver the baby. As such, the boy suffered from hypoxic ischaemic encephalopathy in the womb and was born with severe brain damage.

The child, now six years old, was left blind and unable to speak. He also suffers from daily seizures and is cared for by his parents and extended family. The family also receive support from the Jack and Jill Foundation.

Acting on her child’s behalf, the boy’s mother made a claim for medical negligence compensation against the Health Service Executive (HSE). The HSE denied the allegations of negligence, but offered to pay an interim settlement of compensation without admitting liability. The €1.35  settlement allows for an assessment of the boy’s condition and future care needs.

Before the settlement could be awarded, it had to be approved by a judge in Dublin’s High Court.  Mr Justice Kevin Cross, who oversaw the approval hearing, was told of how hard it was for the boy’s family to get compensation for the delayed Caesarean section, and of their relief that the process was over. Wishing the family the best for the future, Judge Cross approved the settlement and adjourned the case for three years.

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.

The High Court of Dublin has awarded €98,000 to a couple who brought a case against the Health Service Executives alleging that they had mismanaged their daughter’s birth.

The couple, who have remained anonymous, welcomed the birth of their daughter on the 15th July 2010 at the Limerick Regional Maternity Hospital. However, the little girl died just six hours later. The couple, from Ballyneety in Co. Limerick, alleged that their daughter died due to severe failings by medical staff at the hospital.

The couple claimed that their baby had been born healthy, but had suffered a severe loss of blood that led to her untimely death. The Limerick couple alleged that attending the birth did not detect the blood loss in time.

In their legal action, the couple claimed that their little girl was elevated higher than the placenta such that the umbilical cord would untangle. However, they allege that the staff did not adequately clamp the umbilical cord to prevent extreme blood loss.

The HSE denied that it had mismanaged the girl’s birth and presented evidence that their practices had not caused her death. However, though they never admitted liability, the HSE did offer the couple €98,000 in compensation to account for the emotional trauma they endured after the loss of their baby.

The settlement had to be approved by a High Court judge before it could be awarded. Mr Justice Kevin Cross oversaw proceedings at the approval hearing, where he was told that the parties still disputed the cause of the little girl’s death. He was also told how the baby had become listless and collapsed, and subsequently died six hours after her birth.

Representatives of the HSE read a statement of regret during the hearing, after which the judge approved the settlement for compensation. He also offered his own sympathies to the couple for their suffering.

A seven-figure settlement of compensation has been awarded by the High Court for medical negligence at the Midwestern Regional Maternity Hospital.

The claim for compensation was made on behalf of Charlie Enright, a two year-old boy whose mother was admitted to the Limerick hospital when she was thirty-seven weeks pregnant with him in 2013.

After a medical examination, Charlie’s mother – Catriona – was put into an induced labour, for which the doctors administered Syntocinon. Even though the drug has well documented side effects, the medical staff still failed to adequately monitor Charlie’s condition in utero and as such he suffered from hyper-stimulation.

The next morning, the 20th August, Charlie was delivered “flat”, a term used to describe newborns unable to breathe without assistance. This was due to doctors’ misinterpretation of a cardiotocograpphy trace and delayed diagnosis of foetal distress. Charlie was then transferred to Cork University Hospital and later diagnosed with an intra-cranial haemorrhage. He then underwent therapeutic hypothermia treatment.

Despite the treatment, Charlie sustained permanent brain damage. Acting on behalf of her son, Catriona made a claim for medical negligence compensation against the Health Service Executives for the lack of care she received before her son’s delivery. The HSE conducted an investigation and subsequently admitted their liability for Charlie’s injuries.

Negotiations ensued between the parties, though they were complicated by the fact that the future of Charlie’s condition is not yet known. As such, a €1.75 million interim settlement was negotiated such that Charlie could be provided for for the next two years whilst an assessment was undertaken.

The case then proceeded to the High Court of Dublin such that the settlement could be approved. Mr Justice Anthony Barr approved the settlement and adjourned the case for two years.

A teenage girl, who sustained brain damage because of avoidable delays in her birth, has been awarded a final €5.5 6 million compensation settlement by the High Court.

On the 11th October 1999, at the Mayo General Hospital, Mary Malee was delivered by emergency Caesarean section. The surgery was necessary as Mary had been suffering from foetal distress syndrome, yet there was a delay in carrying out the procedure. Despite the diagnosis, no consultant was available to assist the delivery. During this eighty-minute delay, Mary was deprived of oxygen in utero, causing damage to her brain. As a result, Mary now suffers from cerebral palsy and is wheelchair bound.

Maura Malee, acting on her daughter’s behalf, made a claim for birth injuries compensation against Mayo General Hospital. In the claim, it is alleged by Maura that her daughter’s injuries were caused by the hospital’s lack of consultants, and their inability to make of available upon the diagnosis of an elevated foetal heart rate. The delay caused by this negligence lead to Mary’s brain damage.

At the beginning of 2014, Ms Justice Mary Irvine approved an interim settlement of compensation worth €1.5 million during a hearing at the High Court. She then adjourned the case for two years such that a payment scheme could be established.Yet no scheme was ever introduced and as such the Mary and her parents returned to the High Court last week for the approval of final settlement of €5.56 million.

At the High Court, Mr Justice Peter Kelly oversaw proceedings. A representative of Mayo General Hospital read an official statement which apologised to Mary for the “the many challenges that you have faced as a result of the treatment provided to your mother Maura at the time of your birth”. Judge Kelly then approved the compensation settlement, commending Mary’s heroism in facing the challenges her injuries present.

Mary, speaking to a reporter after the approval of the settlement, commented that “Cerebral palsy won’t kill me but I have to learn to live with it … it’s for life. This shouldn’t have happened to me and others like me. Justice has been done and I’m bringing closure to this, we can move on with our lives”.

Dublin’s High Court have approved a seven-figure settlement of compensation for a teenage boy who sustained grave brain damage at his birth.

On the 6th September 1996, Thomas O’Connor was born at the Sligo General Hospital. As he was diagnosed with foetal distress in utero, Thomas was delivered by emergency Caesarean section, yet when he was born he did not show any signs of life. The baby was resuscitated with a breathing tube.

In the claim for birth negligence compensation, Thomas’ mother alleges that the delivery of Thomas and his subsequent resuscitation was negligent. Twice, Thomas was starved of oxygen, which caused severe brain damage that has rendered Thomas a spastic quadriplegic. He is also blind, and can only eat through a tube.

Ann O’Connor, on her son’s behalf, made the claim against the Sligo General Hospital. She alleges that there were necessary delays of up to four hours in Thomas’ delivery. She also alleges that the heart attack that Thomas suffered whilst on his way to the Intensive Care Unit was a direct result of medical staff inserting the resuscitation tube too deeply into Thomas’ throat.

The allegations of birth injury negligence were denied by the Health Service Executives, who also disputed the claim for compensation. The case proceeded to the High Court of Dublin, where it was heard by Mr Justice Kevin Cross. Expert witnesses testified that, though a CTG trace showed obvious indications of an elevated foetal heart rate, it had been discontinued the morning of Thomas’ delivery. Additionally, they said that the tube had been inserted to a depth of 14 cm, despite guidelines outlining it should be inserted to a depth of 9 – 10 cm.

The judge was also informed that negotiations between the parties had determined that a settlement of €1.75 million was agreed between the parties, without an admission of liability by the HSE. Judge Cross approved the settlement, commenting on his delight that the ordeal of claiming compensation was complete for Thomas’ family. The money from the settlement will be used to pay for Thomas’ care in a residential care home in Sligo.

Dublin’s High Court have approved a multi-million euro settlement for a child that was born with severe injuries because of a delayed delivery. 

When Alex Butler was born at the Waterford Regional Hospital in April 2005, she was described as “blue and lifeless”. This was because a doctor, who was substituting for Alex’s mother’s regular obstetrician, did not diagnosed that there were complications in Alex’s birth. As a result, there was a delay of ten minutes in her delivery. 

During this time, Alex was started of oxygen in the womb and sustained severe damage to her brain. Despite this, Alex is described as possessing a “bright personality with a huge intelligence”. However, she is also tetraplegic and relies on a wheelchair for movement. She will need round-the-clock care for the rest of her life. 

Acting on behalf of her daughter, Sonya Butler made a claim for Alex’s birth injuries against the Health Service Executive and Waterford Regional Hospital. The HSE acknowledged liability for Alex’s injuries, and negotiated with the family to organise an interim settlement of compensation in 2013 such that  structured settlement of periodic payments could be introduced. As a result the case was adjourned for two years. 

However, the legislation required for such a periodic settlement to be established was never introduced. As such, the family returned to the High Court, where their case was overseen by Mr Justice Anthony Barr. 

To begin the hearing, an apology was read to Alex and her parents by a spokesperson representing Waterford Regional Hospital. However, after this the parties could not agree as to how much compensation Alex was entitled to due to her severe disabilities. 

The parties continued to negotiate the settlement for eighteen days after the initial hearing. Eventually, an agreement was reached, and a €9 million settlement of compensation was approved by Judge Barr in the High Court. The judge commented that the settlement was both reasonable and fair. 

Alex’s parents were shocked and disappointed at the protracted negotiations, with Sonya criticising the State Claims Agency when speaking with reporters after the announcement of the settlement: “They fought tooth and nail. They basically want Alex to have an existence, not a life. They want her to scrape by with the bare minimum rather than her having the life that she should have had.”

A compensation settlement of €140,000 has been awarded to a woman after a vaginal swab was left inside her after the birth of her child. 

Claire Lalor, from Swords in Co. Dublin, gave birth to her child on the 24th December 2012 at the National Maternity Hospital. Claire was discharged three days after the birth, but returned twice within the next two weeks as she experiencing pain in her abdomen and had a malodorous vagina. 

However, on neither visit to the maternity hospital was Claire internally examined, though on her second visit she was prescribed antibiotics to clear what medical staff expected to be an infection. However, the smell became worse and Claire continued to experience severe pain. On the 16th January she returned to the hospital and was eventually examined, after which it was discovered that a vaginal swab had been left inside Claire after her labour. 

Despite the removal of the swab, Claire continued to feel pain and discomfort. After her visit to the hospital on the 18th January, she was discharged after a diagnosis of post-natal depression. Yet her condition deteriorated, and Claire began to suffer from sweating, chills and diarrhoea. 

Claire then visited Beaumont Hospital, where she was told that she had a Clostridium difficile infection, which was contracted as a result of the unnecessary diagnosis of antibiotics. After her recovery, Claire sought legal counsel before making a claim for compensation because of the trauma and pain she suffered as a result of the swab being left inside her. 

Liability for Claire’s injuries was acknowledged by the National Maternity Hospital, though they contested the extent to which Claire suffered psychologically. They argued that her symptoms could all be attributed to post-natal depression, rather than the trauma of the forgotten swab. There was no agreement over the amount of compensation to which Claire was entitled, and as such the case proceeded to the High Court of Dublin for an assessment of damages. 

Mr Justice Kevin Cross oversaw proceedings in the High Court, where he agreed with the consensus at the hospital that the difficult labour was a good indicator that Claire suffered from post-natal depression. He also agreed that her continuing symptoms could be attributed to an underlying condition. 

However, Judge Cross conceded that – had Claire received adequate post-natal care – her recovery from post-natal depression would have been faster, and that Claire was “entirely appropriately extremely distressed” by the experience. Claire was then awarded €140,000 for the injuries and infections she sustained because of the forgotten vaginal swab. 

A claim for compensation made by an eleven-year-old girl who was injured at birth has been resolved in court without an admission of liability.

When Keelan Murray was born in January 2004 at the National Maternity Hospital, she was diagnosed with shoulder dystocia. This is a dangerous, emergency condition that occurs when the infant’s shoulders fail to clear the mother’s pubis symphsis. It can lead to damage of the brachial plexus nerve if excessive force is used to free the baby. This may heal over time, but for Keelan, the injury remained permanent, resulting in a diagnosis of Erb’s palsy.

Keelan, who lives in Newtownmountkennedy in Co. Wicklow, has never gained motor control over her right arm and is now reliant just on her left hand for most tasks. She has also been forced to learn how to write with her left hand, which was unnatural for her.

In 2012, a surgery was undertaken that attempted to repair the damage, but it was unsuccessful. Sharon, Keelan’s mother, made a claim for compensation for the birth injury against the National Maternity Hospital. The claim alleges that excess force was used to free Keelan of the birth canal, despite the fact dystocia had already been diagnosed.

The hospital denied any liability for Keelan’s injuries, though negotiations continued to proceed between the parties. Eventually, a compensation settlement of €250,000 was negotiated between the parties, though the hospital never admitted liability.

However, as the claim was made on behalf of a minor, the case needed to proceed to court so the compensation claim could be approved by a judge. This ensures that the settlement is in the minor’s best interest. The case was heard by Mr Justice Kevin Cross at the High Court in Dublin.

At the hearing, Judge Cross was told that Keelan actively participated in many sports activities in despite of her disability. He ruled that it was prudent to accept the compensation settlement for Erb’s palsy without the admission of liability, and finished by wishing Keelan well for the future.

A young child has been awarded a seven-figure settlement of compensation for birth injuries resulting from a mismanaged birth.

Kevin Dunphy-English was born at the Waterford Regional Hospital on the 9th July 2010. Upon his birth, the baby – who now lives in Mooncoin in County Kilkenny – was diagnosed as “neurologically compromised”. For over three weeks after his delivery, Kevin was in an intensive care unit. He suffers from cerebral palsy, and can currently only walk for short distances – in the future, he will be reliant on the use of a wheelchair for movement.

Jane, Kevin’s mother, made a claim for his mismanaged birth and resulting injuries on behalf of her son against the Waterford Regional Hospital. In the claim, she alleges that though a foetal blood sample was taken at 1:40 am, there was no record of the foetal heart rate until 2:30 am.

The legal action claims that, had medical staff taken another blood sample after the foetal heart rate was detected, the decision to intervene in Kevin’s death would have been made sooner. An investigation carried out into the allegations of a mismanaged birth discovered that, had Kevin been delivered an hour earlier, he would not have sustained his current injures.

Though the Health Service Executives (HSE) acknowledged that Kevin’s birth was not adequately managed, and that there was negligence on Waterford Regional Hospital’s part for not delivering Kevin quickly enough. Through negotiation, they settled compensation claims made for Kevin’s injuries and for the nervous shock suffered by his parents. However, as the claim was made on behalf of a minor the settlement had to be approved by the courts.

Before the High Court hearing was to commence, Mr Justice Kevin Cross met Kevin in his chambers. Judge Cross was told of Kevin’s progress at pre-school, and his parents’ hopes that he will be in a mainstream class when he goes to primary school. Kevin was termed “a lovely little lad” by the judge, and his parents were commended for their dedication to their son.

Kevin was awarded €2 million in compensation for the injuries he sustained as a result of his mismanaged birth. However, this is but an interim settlement and the case was adjourned for five years such that an assessment damages could be conducted. Once this has been carried out, Kevin’s parents will be offered either a lump sum or a structured scheme of periodic payments.

A second interim compensation settlement has been approved by a judge for failure to act on CTG readings of a woman in labour, resulting in her son being born with cerebral palsy.

When Luke Miggin, now aged eight from Athboy in Co. Meath, was born in February 2006 he was starved of oxygen in the womb. Luke was born at the Mullingar General Hospital, where his mother’s obstetrician – Mr Michael Gannon – did not act upon abnormal CTG readings that indicated a slow foetal heartbeat.

Luke had to be resuscitated upon his birth and transferred to a special unit, where the diagnosis of cerebral palsy was made. Luke is now reliant on round-the-clock care, and is unable to walk.

Emily, Luke’s mother, made a claim for compensation on her son’s behalf against Mr Gannon and the Health Service Executive. In 2010, the HSE admitted liability for Luke’s injuries, and an initial interim compensation settlement was approved by Mr Justice John Quirke. The case was then adjourned to allow legislation to pass that would entitle Luke to a more suitable settlement.

However, when the case was heard again this year, the aforementioned legislation had not yet been passed. The case was heard at Dublin’s High Court, where Ms Justice Mary Irvine criticised the Minister of Justice for this failure, saying that it prevented many families from moving on from their tragedies.

Judge Irvine proceeded to approve a second settlement of compensation for Luke, and the case was adjourned for a further three years.