A SIX-YEAR-OLD boy with cerebral palsy has secured €1.5 million in settlement of his action alleging negligence in the circumstances of his birth at Dublin’s Rotunda Hospital. The settlement is without admission of liability.
The settlement offer was recommended by lawyers for Jack Kenny who said they had a real concern the case might fail if it went to hearing, but the boy’s parents expressed unhappiness it would not meet the cost of his future care.
The action was brought by Jack, suing through his mother, Lynsey Kenny, The Court, Larch Hill, Santry, Dublin, against an obstetrician and the Rotunda maternity hospital, Dublin.
The defendants denied any liability for the injuries suffered by the child who was born at the Rotunda on March 19th, 2003.
Denis McCullough SC, for Jack, said yesterday a settlement offer of €1.5 million had been made. While he felt a more realistic offer should have have been between €3 million and €4 million, Mr McCullough said his real concern was the plaintiff might fail in the proceedings. The defendants had not wished to go above €1 million but, with a great deal of persuasion, had offered €1.5 million and he was recommending that figure.
Mr McCullough said Jack was a very bright, alert boy because of the attention his parents had given him. They were not happy with the offer and believed it was not enough to provide for their son.
He said Jack was born with the umbilical cord around his neck. It was alleged he was nearly dead at birth and required extensive resuscitation. He was in hospital for 45 days and developed cerebral palsy.
Approving the settlement, Mr Justice John Quirke said the amount was not enough to provide for the child but was better than nothing.
The judge noted he had dismissed another cerebral palsy action which ran for three months and his ruling was later upheld by the Supreme Court. The parents of the child in that case had ended up with the legal bill, which “added insult to injury”.