The parents of a profoundly brain-damaged and wheel-chair bound girl are facing a substantial legal bill, estimated at some €600,000, following the High Court's dismissal of the child's action for damages taken against the Midwestern Health Board and a consultant obstetrician.
Mr Justice O'Sullivan today awarded the costs of 13 days of the 17-day action against Ms Kathleen Quinn (41), of Fortanne, O'Callaghan's Mills, Co Clare, who had sued on behalf of her 13-year-old daughter, Anne-Marie. It is believed the defence bill in the action could amount to some €600,000.
In the proceedings, it was claimed there was a failure to properly monitor and intevene in the "high-risk" pregnancy of Ms Quinn, who is a diabetic, and that this had led to Anne-Marie sustaining severe and permanent brain damage and cerebral palsy. It was alleged there was a particular failure to have Ms Quinn scanned on a regular basis by ultrasound scan.
Anne Marie is wheel-chair bound, will never walk, cannot speak, has spastic quadriplegia in all four limbs, is doubly incontinent and will be dependent on others for the rest of her life, the court heard.
The Midwestern Health Board and the second defendant, consultant obstetrician Dr Donal O'Sullivan, with a business address at Percy Square, Limerick, had denied the claims.
Both defendants denied negligence in either the management of the pregnancy and labour of Ms Quinn or in the delivery by Caeserean Section of Anne Marie at the maternity unit of Limerick Regional Hospital on May 4th 1990.
In his detailed reserved judgment earlier this month, Mr Justice O'Sullivan noted the "profound pain and suffering" which Anne Marie's injuries had brought, and would bring, to Anne Marie herslf and to her parents. He had found she had a life expectancy of probably 35 years.
After analysing in detail evidence given by experts called on both sides, the judge said he had been left with "two mutually inconsistent bodies of evidence neither of which wholly and satisfactorily resolved the issues in the case". It was not for him to set himself up as a determining authority on those specialist issues and nor would he attempt to do so.
He said the onus was on Anne Marie to prove her case beyond the balance of probabilities — that is, she had to prove that had Dr O'Sullivan brought about her delivery by Caeserean Section by the 35th week of gestation, she would have been spared all or a substantial part of her injuries.
He was unable to conclude the evidence adduced on behalf of Anne Marie established that case. Given that finding, he must dismiss the claim.
Yesterday, Mr Murray McGrath SC, for the defendants, sought the costs of the action which application was opposed by counsel for Ms Quinn.
After considering submissions, Mr Justice O'Sullivan said he would award 13 days costs to the defendants against the Quinns. He was not awarding the additional four days costs because the defendants approach to the issue of negligence had lengthened the proceedings.