A five-year-old girl who is brain-damaged and has cerebral palsy yesterday secured €4.25 million in settlement of her action alleging negligence in the circumstances of her birth at University College Hospital, Galway.
The settlement, one of the largest of its kind, was approved by the High Court without admission of liability.
The action was brought by Olivia Pyne, suing through her mother, Mrs Mary Pyne, Kildysart, Co Clare, against the Western Health Board and Dr Declan Egan, a consultant gynaecologist. Both defendants denied negligence in relation to the birth of Olivia on June 4th, 1998.
The hearing opened on Tuesday. After discussions between lawyers for the sides went on until late last evening, the settlement terms were put before Mr Justice de Valera for approval.
The judge was told Olivia's claim against the Western Health Board had been settled without admission of liability for €4.25 million, subject to court approval.
Mr Denis McCullough SC, for Olivia, said the terms of settlement were without admission of liability. In opening the case Mr McCullough said she was profoundly brain damaged and her life had been devastated.
He said Mrs Pyne had been treated by Dr Egan at an infertility clinic in Galway. She subsequently conceived and, because she had been attending Dr Egan, decided to attend him for the management of her pregnancy and delivery. She attended Mr Egan as a private patient.
Mrs Pyne was admitted to hospital at 9 a.m. on June 3rd, 1998. Olivia was delivered by forceps at 40 minutes after midnight. She was in very poor condition and spent a week in the special care baby unit.
The plaintiff's case was that it had been clear that the foetal heart rate was abnormal, and this could be seen on the CT scan both before Mrs Pyne was transferred to the labour ward and afterwards. The baby was severely distressed and she should have been delivered much earlier than she was, counsel said.
In evidence, Mrs Pyne (42) said her expected date of delivery was June 6th, 1998.
Dr Egan decided that she should be brought in a few days earlier to be induced. At 7.50 p.m. on June 3rd, Dr Egan saw her. The midwives did a foetal monitor. At 10.30 p.m. a midwife phoned Dr Egan, who advised she be transferred to the labour ward. In the labour ward, the foetal heart beat continued to be monitored. Dr Egan had delivered the baby.
The court heard that Olivia will require 24-hour care. Of the total settlement figure, €309,000 is for the cost of alterations to the family home to meet her needs.
Approving the settlement, Mr Justice de Valera said he considered the offer to be a good one in the circumstances.
The judge said he admired greatly the way the parents had faced up to their problems and hoped "the future will be good to you".
The court also heard that a separate claim by Olivia's parents alleging shock and nervous distress still stands.