Girl (6) settles High Court action over circumstances of her birth for €850,000

A six-year-old girl who sued over the circumstances of her birth at University Maternity Hospital, Limerick has settled her High Court action with an €850,000 payment to cover the next five years.

It was alleged the girl, who cannot be named by order of the court, suffered a hypoxic brain injury prior to delivery.

Her senior counsel, Oonah McCrann, instructed by Cantillons Solicitors, told the court that a breach of duty was admitted but causation remained at issue in the case. The settlement was reached after mediation.

Counsel said the €850,000 was a payment on account and all other matters will be decided when the case comes back before the court in 2028.

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Ms McCrann said the baby was in a very compromised state after birth and her parents were told the outcome was uncertain and to wait and see.

In the proceedings against the Health Service Executive (HSE), it was claimed there was a failure to properly monitor the baby’s heart rate throughout the labour and delivery in 2017.

It was also claimed there was a failure to perform a timely Caesarean and a failure to recognise and respond to the alleged continuing CTG abnormalities and to take steps to expedite the delivery.

It was further claimed there was a failure to monitor the foetal heart rate properly or at all during the second stage of labour.

The HSE admitted there was a failure to properly monitor the baby’s heartbeat throughout labour and a failure to recognise or act on the pathological CTG trace and to expedite delivery. Causation remains at issue in the case.

The baby was transferred to a Cork hospital and it was noted she had suffered a mild to moderate hypoxia ischemic encephalopathy. She had 72 hours of therapeutic hypothermia.

She initially did well but later suffered seizures.

Counsel told the court that the girl has significant problems with concentration and in relation to co-ordination and experts on both sides agree she will need constant support in the future.

Noting the settlement terms, Mr Justice Paul Coffey wished the girl and her family the very best for the next five years.