Boy who sued over care at CUH gets €1.85m settlement

A boy who has had to have a kidney transplant, and will need another two in his lifetime, has settled for €1.85 million his High Court action over his care at the time of his birth.

Yan Sun was delivered by Caesarean section at Cork University Hospital (CUH) and suffered a massive loss of blood and renal damage, the court was told. He had his first transplant three years ago.

Bruce Antoniotti SC said their case was that the baby should have been delivered earlier.

Counsel said if a wave-like pattern on the CTG trace had been noticed, and the baby delivered earlier, their case was Yan Sun "would have escaped most, or all, of his injury".

Yan Sun will need two more transplants when in his 20s and 50s, according to counsel.

Counsel said liability was at issue in the case and the HSE contended, if the baby was delivered earlier, it would not have made a difference.

Yan Sun, now aged 10, of Drumcondra, Dublin had, through his mother, Lihong Wang, sued the HSE over the care the child received at CUH in February 2010.

Foetal movements

Ms Wang had, in the early hours of February 12th, 2010, attended the emergency room of the hospital complaining of reduced foetal movements.

A CTG trace was started and she was transferred to the high dependency unit. It is claimed, despite clear recordings which indicated a wave-like pattern indicative of foetal anaemia, the baby was not delivered until 6.55am on February 12th, 2010. The baby was in poor condition and at the time it appeared he had suffered damage to his brain and kidneys.

Mr Antoniotti said Yan Sun suffered a massive blood loss. Luckily, there was no brain damage but he suffered renal damage. The baby had to be ventilated for six days afterwards and was in hospital for 26 days after his birth. The family have had to relocate from Limerick to Dublin as he attends hospitals in the capital.

It was claimed there was failure to identify the pattern of the CTG trace in a timely manner and to carry out an earlier delivery. It was further claimed there was a failure to promptly resuscitate the baby and an alleged failure to examine the baby’s mother in any or any adequate way.

The claims were denied and the court heard liability was at issue in the case.

Counsel said Yan Sun led a full and active life. He enjoys school, is doing very well, and is fluent in Mandarin and English.

Approving the settlement Mr Justice Kevin Cross said Yan Sun and his family had been through a lot but thankfully the boy had done much better. The settlement was a very good one and he wished the family all the best for the future, he added.

The High Court also heard that a separate action taken by the boy’s mother had also been settled.