A mother of four who sustained brain damage after being wrongly given a drug to advance labour at the birth of her youngest child was awarded more than £1.1 million in damages at the High Court yesterday.
Ms Derron Troute (38) remains brain-damaged, suffering more than 50 per cent memory loss and epilepsy after her uterus ruptured and she bled heavily when she was administered Syntocinon, which is used to augment labour. It was given to her before her son Daniel was born at Portiuncula Hospital, Ballina sloe, Co Galway, on October 13th, 1995.
The action by Ms Troute, of Coosan, Athlone, Co Westmeath, alleging negligence and breach of duty in her treatment was against a nominee of the hospital and Dr Michael Brassil, an obstetrician who worked at the hospital in October 1995.
Liability was admitted at the outset of the case last month and the hearing proceeded as an assessment of damages only.
Mr Justice O'Neill was told Ms Troute has no recall of her labour and did not realise Daniel was her child when she finally returned to her home after six months' hospitalisation and rehabilitation.
In a reserved judgment yesterday, the judge awarded a total of £1,180,311 damages, including £512,197 for the care of Ms Troute to 2014 when her children will have grown up. A sum of £247,902 was allowed for cost of care after that year. He allowed £95,212 as the cost of aids for Ms Troute while £100,000 was allowed for loss of future earnings. General damages were assessed at £225,000.
After the judgment, the family's solicitor, Mr Damien Tansey, said the couple were delighted that "this catastrophic phase" of their lives had been brought to an end insofar as that was possible.
Mr Justice O'Neill said the action was for damages for negligence and breach of duty arising out of Ms Troute's medical treatment at or immediately after Daniel's birth.
As a consequence of the damage suffered by Ms Troute he was satisfied on the evidence that she would never again be able to have an independent existence and never be able to obtain remunerative employment. She was unable to look after and supervise her own children and would require somebody to assist in that task until they were no longer dependent.
While she could assist with domestic tasks, she was unable to take responsibility for completion of tasks and could not take on responsibility for planning domestic activities or responsibility for the carrying out of domestic tasks. She would require assistance in that regard for the rest of her life. Because of the disability she had suffered, she required some rehabilitation and the assistance of a carer for that.
The evidence established that every aspect of Ms Troute's life had been grossly damaged by what had happened to her. All her relationships had been altered fundamentally.
Ms Troute was admitted to Portiuncula Hospital at 5.08 a.m. on October 13th, 1995, having started labour. The judge said she had a normal pregnancy and was described as being "well".
During her treatment, Ms Troute was administered Syntocinon, whose purpose was either to stimulate or augment labour. The drug was administered by a drip in varying dosages in response to the perceived progress of the labour and the reaction of the baby. Ms Troute gave birth at 3.25 p.m. She was continued on the drug.
From 4 p.m. until 8 p.m. her condition deteriorated. She was brought back to the operating theatre at 8 p.m. and it was discovered she had a rupture of the uterus and a large part of it was removed.
Ms Troute was transferred to Beaumont Hospital, Dublin, on October 16th, 1995. She was in very poor condition and close to death. Her overall condition improved slowly in December and the following month she was transferred to the National Rehabilitation Centre. She had weekend stays at home before being discharged.
