The mother of a three-year-old severely disabled boy, who has sued Dublin's Rotunda Hospital for damages for alleged negligence at his birth there, told the High Court yesterday that while her son had become more vocal, he could not speak as such.
Mrs Sharon Stears (25), Measc Road, Artane, Dublin, said Daniel, her only child, who was born on April 5th 1997, just made sounds. He had not established any form of vocal communication with her or her husband, Fintan. Liability in the action taken by Daniel, through his mother, is admitted. Mr Justice O Caoimh is being asked to assess damages only. During his mother's labour, Daniel suffered severe asphxyia, Mr Denis McCullough SC, for the child, said. Daniel was deprived of oxygen during the labour and birth process. His blood supply had an inadequate supply of oxygen and he suffered brain damage.
Counsel added that Daniel was in a comparatively poor condition at birth and spent three weeks in a special care unit. He suffered from convulsions and was later treated at the Central Remedial Clinic, Clontarf, where he was diagnosed as suffering from severe developmental delay. At the age of three months, he showed signs of evolving cerebral palsy. In 1997, he developed epilepsy and had frequent seizures.
Earlier this year, Daniel had had two stomach operations. One was to deal with reflux problems and the other was to make a surgical hole to assist with his feeding.
Cross-examined by Mr Murray McGrath SC, for the defence, Mrs Stears agreed that Daniel was quite ill following his two operations in February and that he seemed to have "settled down" in the last two weeks.
The hearing continues.