A TEENAGE boy with cerebral palsy has secured €3.5 million under a settlement of his High Court action over alleged negligence in the circumstances of his birth at a Cork hospital.
The settlement was without admission of liability.
Cian Mangan (14), suing through his mother Michelle Mangan, Fairfield Road, Farranree, Cork, had brought the proceedings against the Health Service Executive arising from his birth at St Finbarr’s hospital, Cork, on June 1st, 1996.
Dr John O’Mahony, SC for the teenager, told Mr Justice Brian McGovern yesterday that while liability was not conceded in the case, an offer of €3.5 million had been made by the HSE which the family was accepting.
Counsel said there was a delay in calling a doctor to deal with difficulties at Cian’s birth and the doctor should have arrived within five minutes, not 10.
Dr O’Mahony said Ms Mangan was aged 18 and in labour when she arrived at St Finbarr’s hospital on June lst, 1996.
Alarm bells should have rung and urgent steps should have been taken shortly after her arrival, he said. It was alleged hospital staff failed to recognise the symptoms of foetal distress in time and that there was an unacceptable delay in calling a doctor and delivering the baby.
Counsel said the minutes leading up to the birth were critical and it took a doctor 10 minutes to arrive after he was called when his client’s experts contended he should have taken five minutes.
Cian was born at 11.39pm, his foetal heartbeat fell and he became asphyxiated and suffered from cerebral palsy as a result, the court was told.
The HSE denied negligence and argued the procedures followed were appropriate and the timeline acceptable.
Because the timeline was so tight and there was “real conflict” between the sides concerning the management of Cian’s delivery, Ms Mangan was happy to agree to a settlement of the case, counsel said.
The judge approved the settlement of €3.5 million and Cian Mangan thanked the judge in court.
Ms Mangan told Mr Justice McGovern the family were happy with the offer, adding: “Once Cian is happy, we are happy.”
The court was told an application would be made to have Cian made a ward of court at a later stage and the judge agreed to a payment to Ms Mangan of €140,000 for past care and other costs over the past 14 years.
Afterwards, Ms Mangan said she was really happy with the settlement. While Cian had cerebral palsy, it did not hold him back and he would now be able to travel to Manchester United games, she added.