A YOUNG boy with severe cerebral palsy has secured €5.25 million in settlement of a High Court action alleging negligence in the circumstances of his birth at Dublin’s Rotunda Hospital.
In a separate case, a €2 million settlement was approved for another child also with cerebral palsy as a result, it was alleged, of negligence in relation to his birth at Dublin’s Coombe hospital.
In both actions, the settlements were without admission of liability by either hospital.
The first action was by Leo Conroy (6), suing through his mother Amanda Riordan, Greenridge Court, Blanchardstown, Dublin.
The Rotunda Hospital denied negligence and, when asked to approve the settlement, Mr Justice Vivian Lavan was told liability remained very much an issue. with the hospital’s experts contending that nothing untoward had occurred.
Remarking it was not “an open- and-shut case”, the judge said he had no difficulty approving the settlement and wished the family every happiness into the future.
Earlier, outlining the case, Denis McCullough SC, for Leo, said this was Ms Riordan’s first pregnancy. She was 21 years old when she was admitted to the hospital on March 20th, 2003, 36 weeks into her pregnancy. She had told hospital staff she was in constant pain which was getting worse.
Mr McCullough said Leo was born by Caesarean section in very poor condition and suffered very severe mental and physical injuries and cerebral palsy. He would never lead an independent life.
It was claimed Leo’s injuries were caused by the defendant’s negligence between Ms Riordan’s admission to hospital and the delivery of her child. It was alleged that Leo should have been delivered earlier by Caesarean section, given the clear indications of foetal distress.
Mr McCullough described Leo’s parents as “extraordinary” and paid tribute to the loving care they provided for him. In light of assistance given by the Jack and Jill Foundation to the family, the judge approved a payout of €10,000 to the foundation at the family’s request.
In the second action, Mr Justice Lavan approved a settlement of €2 million for Carlie Brennan (8), St John’s Close, Clondalkin, Dublin, who had sued the Coombe hospital through her mother Elaine.
Bruce Antoniotti SC, for Carlie, said he wanted to state to the court that the settlement was a compromise and the sum involved did not fully compensate his client.
However, Mr Antoniotti added, liability represented a major difficulty in the case. Carlie’s parents were extraordinary people living in a two-bedroom terraced house who would not be able to cope in their current state much longer. Carlie was a spastic quadriplegic and her parents believed they had found another house to accommodate her needs,he added.
In the action, it was alleged the hospital failed to expedite delivery and properly monitor the unborn child and should have performed a Caesarean section earlier.
It was alleged that at the time of delivery, the umbilical cord was tight around the child’s neck and she had no heartbeat or respiration. She required vigorous resuscitation and the heart rate became audible after about seven minutes.
It was alleged Carlie developed mental delay, severe cerebral palsy and epilepsy and that she would never be able to lead a normal life.
An application to have Carlie made a ward of court will be brought later.