Personal Injury Compensation

Compensation for Birth Injuries due to Doctor Negligence Approved by Judge at High Court

November 19th, 2013. By Compensation News.

A High Court judge has approved a second interim payment of compensation for birth injuries due to doctor negligence for an eight-year-old girl, who sustained severe paraplegic cerebral palsy after a paediatrician failed to act on blood test results.

In October 2011, the Sheehan family from Mallow in County Cork had an interim settlement of €1.9 million compensation for birth injuries due to doctor negligence approved in the High Court in respect of an injury claim made on behalf of their eight-year-old daughter, Isabelle.

Isabelle was born by emergency Caesarean Section at the Bon Secours Maternity Hospital in November 2004 with severe paraplegic cerebral palsy, after the consultant paediatrician treating Isabelle´s mother had failed to act on blood test results which revealed a conflict of antibodies.

At the hearing in 2011, the consultant paediatrician – Dr David Corr – admitted that he had mismanaged the later stages of Catherine Sheehan´s pregnancy, and acknowledged that he should have referred Catherine to an expert in foetal medicine when the test results revealed the potential dangers to Isabelle´s health.

Mr Justice Iarfhlaith O’Neill approved the original €1.9 million settlement of compensation for birth injuries due to doctor negligence, and adjourned Isabelle´s case for two years to allow time for legislation to be passed which would enable a structured system of compensation to be introduced.

As no such legislation has yet been introduced, Isabelle´s case was heard again recently at the High Court by Mr Justice Kevin Cross; who was told that a second interim payment of compensation for birth injuries due to doctor negligence had been agreed, which would cover Isabelle´s care expenses for the next two years.

Mr Justice Kevin Cross approved the interim payment of €635,000, after being told that Isabelle was keeping up with the other children at her mainstream school and that she was an intelligent and bright young girl. The judge wished Isabelle good luck in the future and adjourned her case for two more years when a further review will be conducted of her needs.


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