Child with cerebral palsy secures €5.8m settlement

A child with cerebral palsy has secured €5.8 million under a settlement of her High Court action against the HSE over the handling and management of her birth at a Cork city hospital. The settlement was reached after a 12 day hearing to assess damages.

Ms Justice Mary Irvine was previously told liability in eight-year-old Grace Orchard's case was conceded last January, some three years after the case was initiated. The judge said she regretted it had taken three years for the HSE to say it was culpable as that seemed an "extraordinary length of time".

Dr John O’Mahony SC, for the child, said a letter of apology had been tendered to the family on the second day of the hearing.

Counsel read the letter from Cork University Hospital CEO Tony McNamara in which he unreservedly apologised on behalf of the HSE to Grace and her family for the injuries suffered during the child’s delivery at St Finbarr’s Hospital in February 2006.

The treatment “did not reach our high standard on this occasion”, he said.

Grace, of Ferndale, Carrigaline, Co Cork, had, through her mother Deirdre O'Callaghan, sued the HSE over the handling and management of her birth at St Finbarr's Maternity Hospital, Douglas, Cork in February 2006.

It was claimed the child suffered a severe insult and trauma during her delivery and suffered considerable distress, pain and damage as a result of which she is left with dyskinetic cerebral palsy.

Ms O’Callaghan was admitted to St Finbarr’s on February 22nd, 2006 and the drug syntocinon, used to induce labour, was given. It was claimed the syntocinon was administered inappropriately and there were four instrumental attempts including a vacuum cup, to deliver Grace over a forty one minute period in the early hours of February 23rd, 2006. The child was delivered by forceps at 2.25am.