A severely brain-damaged girl has secured €4.5 million in settlement of her High Court action over alleged negligence in the circumstances of her birth at the National Maternity Hospital in Dublin. The settlement was made without admission of liability.
Jessica O’Brien, now aged 17 and suing through her mother Joanne, Cluain Ard, Duntaheen Road, Fermoy, Co Cork, had brought proceedings against the National Maternity Hospital, Holles Street, Dublin.
Jessica, who has cerebral palsy and requires life long care, had alleged negligence and breach of duty of care arising out of the circumstances of her birth at the hospital on May 26th 1993.
The hospital denied the claims and the settlement, approved by Mr Justice John Quirke, was made without admission of liability. The award will be paid into court.
Outlining the case today, Liam Reidy SC, for Ms O’Brien, said Joanne O’Brien had attended a hospital in Cork after becoming pregnant but was referred to the National Maternity Hospital after investigations revealed difficulties with the baby’s digestive system. The defendant hospital had the specialist expertise to deal with those, he said.
Counsel said Joanne O’Brien was transferred to Dublin from Cork after her waters broke on May 25th 1993. Jessica was born the following day but suffered brain injuries as a result of a lack of oxygen to her brain.
Counsel said that it was their case the hospital failed to properly monitor Jessica’s heart rate in the 15 minute period just before she was born. Given the pregnancy was high risk, the hospital ought to have known there was an increased risk of hypoxia during labour, he said.
It was further claimed the hospital failed to have regard to Jessica’s mother having a prolonged rupture of her membranes of over 24 hours duration which increased the risk of infection and hypoxia to the child. Had the baby been delivered earlier that day, she would not have suffered the injuries she did sustain, it was alleged.
After approving the settlement, Mr Justice Quirke paid tribute to Jessica’s mother over the level of care provided by her for her daughter.
The court heard Jessica had attended a local primary school and is now at a special school. She is able to walk but uses a wheelchair on occasions. She has difficulty with her speech and requires speech therapy.
Mrs O’Brien welcomed the settlement and told the court she was concerned Jessica should get extra physiotherapy and speech therapy and other things she had not been able to provide in the past.
Jessica was a “jolly girl” who is at a special school and enjoys watching the local ladies football team train, she said.
Mrs O’Brien also thanked her legal team, including solicitors Ernest Cantillon and Susie Elliot. A previous solicitor whom she had told about what had happened had told her Jessica had “no case”, Mrs O’Brien said.