THE HIGH Court has approved a partial settlement of €1,004,000 in the case of a 7-year-old boy with spastic cerebral palsy.
Further payments will be decided later in anticipation of laws which are expected to provide for periodic payments in catastrophic injury cases.
Shane Kenny, Ballylouane, Ballyduff, Co Waterford, through his mother Catherine, had sued the Health Service Executive alleging negligence in the circumstances of his birth at the Erinville Hospital, Cork, in November 2004.
At the High Court yesterday, Mr Justice John Quirke was told the executive had admitted liability and apologised for negligence in events leading up to the child’s birth and at his birth on November 2nd, 2004.
The court heard there was a failure to act upon a cardiotocograph trace which showed the foetal heart rate was abnormal, and a decision to deliver the baby by Neville-Barnes forceps was negligent. This delivery resulted in Shane suffering a significant partial hypoxic insult.
Shane is attending mainstream school but is unlikely to achieve sufficient cognitive capacity to be able to sit State examinations, and will not be capable of independent living, the court also heard.
Mr Justice Quirke approved an immediate payment of €260,000 to Shane’s parents Catherine and Martin to compensate them for the costs of their son’s care to date and the cost of refurbishing their home to suit Shane’s needs.
The rest of the €1,004,000 is to cover the costs of Shane’s care, including costs of assistive technology, over the next two years.
That sum does not relate to the issue of loss of earnings, to be determined at a court hearing next year. Counsel for the child said the proceedings would “start afresh” in two years’ time when it is hoped legislation to give effect to periodic payments in catastrophic injury cases will be introduced.
Approving the partial settlement, Mr Justice Quirke said the efforts of Shane’s parents to address his needs had been “nothing short of heroic”. While Shane had been “very unlucky” with his injuries, he has been very fortunate in his parents, he said.
In a statement read outside court, his parents said: “We are glad that the day has finally come where the HSE has admitted the cause for Shane’s devastating brain injury. We are especially glad that Shane has now received an apology and that funds will be in place to secure the care, therapies and equipment he needs . . . Life will never be easy for Shane, but the facilities he requires will now be in place which eases our concerns somewhat for the future. Shane has been through so much. The sad fact is that only for his brain injury, he would have led such a full life.”