The High Court has approved a €1.5 million settlement of an action alleging negligence in the circumstances of the birth of the child of a Nigerian couple at the National Maternity Hospital, Holles Street, Dublin.
The child was alleged to have sustained severe brain damage. Mr Murray McGrath SC, for the hospital, told Mr Justice Johnson the offer of €1.5 million was made without admission of liability. The offer came yesterday afternoon, shortly after the case was opened before Mr Justice O'Donovan by Mr Patrick Keane SC, for the child, Agi Bola Jaji (3). The child sued the hospital for damages, through her mother, Ms Muti Jaji, of Oaklawns, Dundalk, Co Louth.
Mr Keane said that the child's father, Mr Gori Jaji, had video-taped the birth of his daughter at the hospital on June 21st, 2000.
As a result of alleged negligence, Agi Bola sustained severe brain injuries, counsel said. Now, she could not even sit up unsupported, and could not remain sitting unsupported. She was also unable to stand or walk, and had no control over any of her limbs.
It was alleged the hospital failed to record and monitor properly the foetal heartbeat after the commencement of oxytocin on June 21st, 2000, and failed to deliver the baby by Caesarean section when they knew, or ought to have known, that the plaintiff was in distress.
As a result, it was claimed the child developed seizures, abnormal movements and irregular breathing patterns, and suffered an injury to her kidneys. The pattern of behaviour was consistent with a period of asphyxia. The child had been placed on life-support on two separate occasions. The hospital had denied the claims.