In November 2011, the team represented a young boy in the High Court, Dublin in a medical negligence action against the Health Service Executive.

The circumstances giving rise to this case concerned a negligently managed labour and delivery of the Plaintiff at Erinville Hospital, Cork in 2004. During labour, pathological cardiac tracing patterns were apparent, showing evidence of severe foetal distress which warranted immediate delivery by caesarean section. Tragically, such an expedited delivery did not occur. Instead, delivery was executed with a contra-indicated Neville Barnes forceps, tragically resulting in a "double injury" to the baby, namely a hypoxic injury due to oxygen deprivation during labour, with a superimposed structural brain injury which arose by virtue of the inappropriate forceps delivery.

This young boy has cerebral palsy as a result of the foregoing and will require ongoing care, therapies and supervision for his entire life.

The case was listed for hearing as and from the 15th November 2011. Liability was admitted in October 2011 and an apology was furnished from the hospital to the Plaintiff and his family. The case settled on an interim basis for the sum of €1.004m (excluding loss of earnings which will be dealt with in March 2012) and a future hearing will take place to assess further damages to be paid to maintain the Plaintiff for the remainder of his life in November 2013.

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 or proportion of any award or settlement.

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