A young boy from Cork who sustained severe birth injuries after a failure to operate has been awarded a €1.35 million interim settlement of compensation.
The claim for compensation was made on behalf of a six-year-old child who was delivered by Caesarean section at the Cork University Maternity Hospital in March 2010. Patient privacy rules prevent the disclosure of personal information for case. The claim alleged that the staff at the hospital failed to correctly interpret the results of a CTG scan that indicated the boy was suffering from foetal distress syndrome.
Due to this alleged negligence, the Caesarean section that was needed to prevent any injury was not carried out in a timely manner. Due to a lack of oxygen, the boy suffered from hypoxic ischaemic encephalopathy and was born with severe brain damage.
The boy’s birth injuries have left him blind, mute and suffering from daily seizures. He is reliant on constant care, which he receives from his parents and extended family. They receive additional home support from the Jack and Jill Foundation.
The boy’s mother consulted a medical negligence solicitor and proceeded to make a claim for medical negligence compensation against the Health Service Executive (HSE). The HSE contested the allegations of negligence, though they agreed to pay an interim settlement of compensation of €1.35 million without admitting liability. The boy’s case will then be assessed to evaluate the costs of his future care needs.
As the claim was made on behalf of a minor, the settlement had to be approved in the High Court of Dublin. At the High Court in Dublin, Mr Justice Kevin Cross 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.