Courts

Boy gets €4.5m interim payment in settling case alleging birth injuries

The boy has quadriplegic spastic cerebral palsy, cannot speak and is visually impaired

The settlement against the HSE includes a pledge of €1 million towards night nursing care for the boy, who has quadriplegic spastic cerebral palsy, cannot speak and is also visually impaired

Thu Mar 9 2023 - 17:06

Tipperary University Hospital has apologised for “deficiencies in the care” provided to a mother leading up to the birth of her son almost five years ago.

The apology was read in the High Court as four-year-old Lennon Meaney Shanahan from Clonmel, Co Tipperary, settled his action against the Health Service Executive (HSE) with a €4.58 million interim payment.

The settlement against the HSE includes a pledge of €1 million towards night nursing care for the boy, who has quadriplegic spastic cerebral palsy, cannot speak and is also visually impaired.

His counsel, Bruce Antoniotti SC, instructed by Jamie Hart of Agustus Cullen and Law, solicitors told the High Court that Lennon has the most severe level of cerebral palsy.

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It was the plaintiff’s case that there was a failure to induce labour twice and that Lennon would have escaped injury if he had been delivered sooner, said Mr Antoniotti.

The HSE admitted a breach of duty but denied he suffered injuries as a result.

Lennon had to be intubated when he was born on May 24th, 2018.

Mr Antoniotti said Ms Meaney was discharged from the Tipperary hospital on May 22nd, 2018. He said the case notes said the labour ward was busy and the patient was happy to go home, which, he said, suggested operational pressures were the reason for the discharge.

It was planned that Ms Meaney would be induced two days later.

The HSE admitted it was in breach of its duty of care in relation to the management of the mother’s pregnancy on different occasions in May 2018 resulting in a failure to induce labour.

It further admitted it was in breach of its duty of care in relation to the management of the mother’s pregnancy following the spontaneous rupture of membranes on May 24th, 2018.

The cause of the boy’s cerebral palsy remained an issue in the case.

In a letter to Lennon’s parents, Paul Shanahan and Anne Marie Meaney, which was read to the court, the hospital said it accepts responsibility for “these failings which should not have happened” and which the hospital “sincerely regrets”.

Lennon’s case will come back to court in five years when his future care needs will be assessed.

He sued the HSE through his mother, claiming, among other things, that she was discharged when her blood pressure was significantly elevated and warranted medication.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he wished all the best to Lennon and his family.

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