The High Court has approved a €900,000 settlement for a nine-year-old boy with Erb's palsy who suffered shoulder and hand injuries at his birth at a Cork hospital. The award to John Byron is the highest ever here for a person with that disability, the court was told.
A separate action is continuing by John Byron's mother, Una Byron (45), a nurse from Upper Strand Street, Youghal, Co Cork, who claims she underwent a "horrific childbirth" that left her son physically disabled. Ms Byron's action will resume next Tuesday.
Yesterday, Paul Sreenan SC, for John Byron, said the case brought by John, suing through his mother, had now been settled for €900,000 subject to the approval of the court.
The action was brought against obstetrician Vincent Fenton and the Health Service Executive (HSE). Mr Sreenan said the defendants had earlier admitted liability and there had been a substantial apology. The parents considered the €900,000 a good offer and had decided to accept it rather than gamble with their son's money.
Earlier, Eoin McCullough SC, for the defendants, told the court he wanted to say on behalf of both his clients, Dr Fenton and the southern health board [ now the HSE], that they were very sorry for what occurred. Ms Byron said the apology meant a lot to her.
Approving the settlement, Ms Justice Maureen Clark said it was a very good settlement. She said the Byrons were very committed parents and she was very impressed by John. He was a clever, handsome, articulate little man, was clearly not intellectually disabled and deserved the settlement.
In the action on behalf of John, it was claimed Ms Byron attended at Erinville Hospital, Cork, on October 10th, 1988, for the delivery of John. Her condition required a Caesarean section, which should have been completed at an early stage, it was claimed.
The child was eventually delivered by Wrigley's forceps with excessive traction and without correct maternal positioning, and as a consequence, he suffered severe personal injuries, loss and damage, it was alleged.
In her own continuing action, Ms Byron claims Dr Fenton failed in his duties to her by not carrying out a Caesarean section and inappropriately using a forceps to deliver her son.
She claims John was left with Erb's palsy, which involves paralysis and loss of function to his right hand, and this had required him to undergo significant operations. Liability has been admitted in Ms Byron's action and the court is being asked to assess damages only.
Outside court yesterday, Ms Byron thanked those who supported her over the past nine years - family and friends, solicitor Ernest Cantillon and friends in the Erb's Palsy Association.