€1.9m interim payout for child with cerebral palsy

Our Lady of Lourdes Hospital, Drogheda has apologised in court to the family of a little girl with cerebral palsy for what it described as “deficits in care” in relation to her birth.

The apology was read out as part of the settlement of Milagros Martin's case against the HSE with an interim settlement pay out of €1.9 million for her care for the next three years.

The hospital said it apologised “sincerely and unambiguously ” to the Martin family and said “all staff regret the outcome of this tragic case”.

Milagros is currently receiving treatment in the US and the High Court heard she is severely compromised and disabled.

Milagros had, through her father Ruary Martin, Clonard Court, Balbriggan, Co Dublin sued the HSE as a result of the circumstances of her birth at Our Lady of Lourdes Hospital, Drogheda, Co Louth on December 11th, 2011.

It was claimed there was a failure to conduct a caesarean section within an appropriate period. It was further claimed that because Milagros’ mother had a history of a prior caesarean section with her first child there was a particular duty for medical staff in relation to future pregnancies and the mode of delivery.

It was further claimed the baby girl should have been delivered by caesarean around the last week of November without complication and without injury.

Senior Counsel Des O’Neill siad that liability had been admitted in the case in 2014. Approving the settlement, Mr Justice Kevin Cross congratulated the parents of Milagros, Ruary and Nancy for the care they give their daughter.