Man (20) with cerebral palsy settles €1.1m case over birth

A young man with cerebral palsy has secured €1.1 million in settlement of his High Court action over care before his birth at a Cork hospital.

Aaron Sweeney (20) of O'Callaghan's Park, Kanturk, Co Cork, through his mother Kathleen Sweeney, had sued the Southern Health Board and consultant gynaecologist Edgar Ritchie, Killarney, Co Kerry, as a result of care around the time of his birth at Erinville Hospital, Cork, on December 4th 1995.

It was alleged there was failure to procure an early, expeditious and timely delivery of the plaintiff who, it was claimed, was caused to be confined in a womb with insufficient amniotic fluid.

It was alleged there was failure to take any, or adequate, action during labour despite doubtful CTG and the pregnancy was allowed to go to spontaneous delivery.

The claims were denied.

Dr John O’Mahony SC, for Mr Sweeney, said the issue related to amniotic fluid. He contended it should have been dealt with from November 24th. The defendants said it was not unreasonable to delay to allow the baby to grow.

Approving the settlement, Mr Justice Kevin Cross said it was a good one and he wished Mr Sweeney well.