A SEVERELY disabled young boy with cerebral palsy has secured some €2 million in settlement of his High Court action over alleged negligence in the circumstances of his birth at a Dublin maternity hospital. The settlement was made without admission of liability.
Sean Walsh, now aged seven, had sued the Coombe Lying-in-Hospital in Dublin through his mother Nuala Walsh, The Crescent, Graydon Manor, Robertstown, Naas, Co Kildare. The hospital had denied the claims and denied any liability.
Recommending approval of the settlement yesterday, Padraig McCartan SC, for the child, told Mr Justice John Quirke there was a risk the plaintiff would not have been able to discharge the onus of proof in the case and the amount offered was too significant to refuse in those circumstances.
Approving the settlement, Mr Justice Quirke paid tribute to the child’s parents and said they had been well served by their legal team. An application will be made to have Sean made a ward of court.
In a statement of claim, it was alleged Ms Walsh was admitted to the hospital on November 18th, 2003 for the birth of her son but the hospital allegedly failed to take proper account of abnormalities on a CTG trace during the second stage of labour.
It was also alleged there was a failure to deliver the child with the assistance of forceps or other means in the context of alleged likelihood of umbilical cord compression.
It was alleged Sean was born with severe permanent disabling injuries and at 18 months he was noted to have quadriplegic cerebral palsy.