Posted in Success Stories on 05 November 2013

In November 2013, the Medical Negligence team at Cantillons Solicitors represented a young boy in the High Court, Dublin in a medical negligence action* against the Health Service Executive (HSE).

The circumstances giving rise to this case concerned a negligently managed labour and delivery of the Plaintiff at the Erinville Hospital, Cork in 2004. During labour, pathological cardiac tracing patterns were apparent on the CTG.  Such pathological traces are often (and were in this case) evidence of severe foetal distress.  The immediate delivery by caesarean section was mandated in this case but, tragically, such an expedited delivery did not occur. Instead, delivery was executed with a contra-indicated Neville Barnes forceps.  Tragically, this resulted in a "double injury" to the baby.  Firstly, there was a hypoxic injury, due to oxygen deprivation during labour.  Secondly, there was a superimposed structural brain injury, which arose from the inappropriate use of the forceps.

This young boy, who sustained a catastrophic brain injury has cerebral palsy as a result of the foregoing and will require ongoing care, therapies and supervision for his entire life.  He is both physically and intellectually disabled. Liability was admitted by the HSE in October 2011.  An apology was furnished by the HSE, on behalf of the hospital, to the Plaintiff and his family.

The case settled on an interim basis in November 2011 for the sum just over €1 million. Following a 5 day hearing in the High Court in Dublin, a further award of in excess of €660,000 was made in December 2012 in respect of the Plaintiff’s loss of earnings.

The case was once again listed for hearing as and from the 5th November 2013.  On the morning of the commencement of trial, the matter settled, for the cumulative full and final sum in excess of €6.4 million.

In approving the settlement arrived at in this case, Ms. Justice Mary Irvine of the High Court was most complimentary of the efforts of this boy’s parents and legal team, whom, she indicated, had managed to achieve as much if not more than would ever have been expected in a case of this nature. 

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.

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