The Medical Negligence team at Cantillons Solicitors acted for a young boy who suffered catastrophic injuries as a result of negligence during the course of his mother’s labour and his subsequent delivery.
The baby got stuck in the birth canal. The child’s mother had to have a symphysiotomy in order to effect delivery. The evidence from the experts retained by our Firm indicated that this birth should never have proceeded to a vaginal delivery but, on the contrary, a Caesarean Section should have been undertaken. If it had been undertaken, the child would have been delivered earlier and in a healthy condition. Unfortunately, this did not occur and, as a consequence, this young boy has been diagnosed as suffering from Cerebral Palsy. The HSE denied liability and fought the case up to the last but, ultimately, the Firm succeeded in obtaining an admission of liability and indeed, an apology for the child (and his mother).
The HSE then entered into negotiations with this firm and, as a consequence, a Periodical Payment Order (PPO) was made. This has provided for an initial payment of €1.4m, to cover such matters as accommodation needs, and Assistive Technology. The Period Payment Order was approved of by the High Court on the 26th October 2012.
Assistive Technology, in particular, for this young boy who is unable to communicate, is very important. The funds will mean that this young boy will be able to communicate by means of his eyes, using what is known as gaze directional tracking.
The case has been adjourned for a further two years. If in two years time, Periodic Payments legislation has been enacted by the Government, then the case will likely proceed on the basis of a structured settlement. If, however, the legislation is not enacted, or if the legislation is unsatisfactory, then the case will proceed in two years time on the basis of assessing the damages on what is known as a lump sum basis for this young boy. This young boy is attending mainstream school and utilising his gaze directional tracking to progress. He is cared for in a devoted fashion by his loving mother and her partner.
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.