Girl (9) with cerebral palsy settles action against Rotunda Hospital for €2.2m

A girl with cerebral palsy who sued the Rotunda Hospital, Dublin over the circumstances of her birth has settled her action with a payout of €2.2m for the next five years.

The future care needs of Cassie Fitzgerald (9) who is in a wheelchair will be assessed when her case comes back before the High Court in five years' time.

Cassie Fitzgerald, Ravensdale Road, East Wall, Dublin had through her father Karl Fitzgerald, sued the Rotunda Hospital as a result of the circumstances of her birth in July 2008.

It was claimed that Cassie’s mother, Crystal had attended the hospital on July 11th,2008. During the course of an examination it is claimed a cardiotocography (CTG) recording was made, which allegedly revealed shallow decelerations of the foetal heart rate. It was claimed no further investigations were undertaken and Mrs Fitzgerald was discharged from hospital.

On July 25th 2008, Mrs Fitzgerald again presented at the Rotunda Hospital and it was claimed the CTG was allegedly abnormal from the outset. Cassie was later delivered by emergency caesarean section.

It was claimed there was an alleged failure to attach any or any adequate significance to the decelerations of July 11th and there was an alleged failure to deliver the baby by caesarean section before July 25th, 2008.

When Cassie was born she was in poor condition and required resuscitation.

The claims were denied. Mrs Fitzgerald told the court the family had struggled to look after Cassie these last years and the settlement will now mean she can get the therapies she needs.

Approving the settlement, Mr Justice Kevin Cross wished the family best of luck for the future.