A MOTHER who sued over trauma suffered as a result of the mismanagement of the delivery of her baby daughter, who sustained devastating injuries at birth, has settled her action against the HSE.
Clodagh Brett’s daughter Keri (6) had secured a settlement of €4.5 million in damages against the Health Service Executive (HSE) earlier this week over the injuries suffered during her birth at St Luke’s hospital, Kilkenny.
The HSE had apologised to both mother and child, and Mr Justice Vivian Lavan was asked to assess damages for both in their separate cases. Yesterday, the judge was told the action by Clodagh Brett, Kilnockin Road, Fethard, Co Tipperary, had been settled. No details of the settlement were revealed.
Earlier, in evidence, Ms Brett told her counsel Oonah McCrann that, while in labour in St Luke’s, she was in terrible pain for several hours. She had asked for an epidural but was informed by a midwife: “You’ll get it when you get it.” After Keri was delivered by Caesarean section, the family was informed everything was okay, she said. However, a doctor later told her it was most likely the baby would die and to get a priest.
Both cases arose from the circumstances of the birth of Keri, Ms Brett’s first child, at St Luke’s hospital on October 20th, 2003. Keri suffered serious injuries at birth and has cerebral palsy.
The HSE had offered a full and unreserved apology to the Bretts for its acts and omissions in relation to the management of Clodagh Brett’s labour and the delivery of Keri. The HSE extended the apology for the “undoubted trauma” they had suffered.
St Luke’s had denied liability in 2007 but, in July last, it conceded liability. The court heard an internal investigation carried out by the HSE, which was completed in July 2004, found the birth was mismanaged and there was a total systems failure during Keri’s birth.
Outside court yesterday, Clodagh Brett said the family were delighted the matter was over and that they had been able to get some closure.
“It’s been a long battle for six years but thankfully we have our little girl Keri at the end of it and that is one thing that can never be taken from us. We would like to thank the HSE and Kilkenny hospital for eventually giving us an apology and for admitting liability.”
The family wants to “build a house for our little girl and rebuild our lives”, she added.