Parents' relief after `game of high roulette'

The question on almost everyone's lips at the Four Courts yesterday was why, after taking it so far, the National Maternity Hospital…

The question on almost everyone's lips at the Four Courts yesterday was why, after taking it so far, the National Maternity Hospital had initiated settlement talks in the Blaise Gallagher case.

Yesterday was the 23rd day of the hearing. Most of the time had been taken up with evidence from the plaintiffs. The hospital was due to begin its case this week, after so many days of damaging evidence from the Gallagher side.

According to legal sources, the hospital had not attempted to settle on any previous occasion. No liability was admitted in the settlement by obstetrician Dr Joseph Stanley, or the hospital.

Dr Stanley gave evidence on Tuesday, but the court had not heard from others involved in the birth of Blaise Gallagher.

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The master of the National Maternity Hospital in Holles Street, Dr Declan Keane, was not available for comment last night.

The evidence heard during the case, particularly from Mrs Gallagher concerning the days before the birth and what occurred when she was in labour, has stayed in the minds of many people who read it - in particular the picture of her phoning her husband Conal in distress during the night from the hospital, asking him to "get some help".

The relief at reaching a successful conclusion to the case was evident in the faces of Blaise's parents, Avril and Conal Gallagher. This, according to a member of their legal team, had been a "game of high roulette".

Settlement negotiations began on Wednesday. They resumed yesterday at 11 a.m. with toing and froing between the different floors of the Four Courts as the final details were hammered out.

Dr Stanley was present, as were midwives who had been due to give evidence of what happened on the night of April 27th, 1992, when Blaise Carroll was born. Blaise - now six years old - has cerebral palsy and is brain-damaged.

The court heard before lunch that a settlement had been reached, but the details were not revealed until early in the afternoon. Mr Richard Nesbitt SC, for the Gallaghers, told the court that the settlement was for £2.15 million, with full costs. Avril and Conal Gallagher sat near the back of the court, Conal with his arms around his wife's back, listening. They had tears in their eyes when, after the details had been heard, Mr Justice Quirke addressed them, saying he expected they had "mixed emotions".

"I would say they are conscious of the fact that this outcome will provide Blaise with the comfort he will require." He said he hoped some "episodes of joy" would now be shared with their son.

He said that "no doubt lessons had been learned surrounding the circumstances of his birth".

The judge added: "Blaise, in his own way, has contributed to ensuring that the risk of this occurring again has been minimised in the future".

Paying tribute to the Gallaghers, he said the young boy had been "blessed with one invaluable gift: he has received deep love and warmth and very caring and kind parents". He hoped they "received some of the happiness that they so richly deserved".

The Gallaghers' legal battle began shortly after Blaise was born. The case was fought on a "no foal, no fee" basis by the legal team. The gratitude of the couple was obvious when they insisted that the barristers and solicitors stand in for press photographs outside the courts yesterday evening.

Their solicitor, Mr Frank Keane, speaking for the couple, said it had been a "good day, a vindication of the system in the Four Courts", and the couple was very pleased with the outcome. The Gallaghers, after a very difficult and traumatic time, would now like to get on with their lives.

He pointed out that they must still look after a sick child, although they would now try and retrieve "some of the happiness they had lost in their lives". The money received, he said, was "just enough for care for him, but would not bring back a normal life.

"It has taken a very long time to get to here. It was an extremely long struggle, six years to get to the High Court, an unbearable time for the parents," he said.

Another of their solicitors, Mr Brian O'Donnell, said the most important thing had been to make sure that there was enough money to care for Blaise, and it was "inevitable someone would have to pay". Mr O'Donnell said it was hoped that something like that would never happen again or if it did, that it would be dealt with differently.

The couple expressed thanks to all who had helped them during their legal battle, including those who had sent cards in recent weeks.