In October 2009, the team represented a 6 year old girl who sustained catastrophic brain injuries during the course of her mother's labour and her subsequent delivery at St Luke's Hospital, Kilkenny in October 2003.
Resulting from the incompetence of the medical staff who handled her delivery and the further mismanagement after her birth, she sustained a hypoxic ischemic insult to the brain arising from severe and prolonged oxygen deprivation. As a result, she has spastic quadriplegic cerebral palsy. She is both physically and mentally disabled. In a defence delivered in 2007, the HSE fully denied liability, notwithstanding that documents (subsequently obtained by ourselves in 2009 on foot of a Court Order) showed that there was an internal hospital investigation completed into the matter in 2004 which found significant systems failures.
Liability was eventually admitted in July 2009. Following a demand thereafter by our team for an explanation and apology, the HSE ultimately gave a full and unreserved apology for the "undoubted trauma" which was suffered as a result of the acts and omissions of the HSE. No explanation was ever given.
In approving the award on the 27th October 2009, Ms. Justice Mary Irvine stated that she had "no hesitation" in approving the settlement. She remarked that it was a pity the HSE did not apologise sooner, given the significant anxiety the family had experienced. The funds will be applied to the purchase of a suitably adapted home, together with the necessary therapies, aids, appliances and care to ensure this little girl, who is cared for by a wonderful family, can live as comfortable and contented a life as possible.
Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or [email protected] 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.