A DISABLED young woman with cerebral palsy has secured €2.5 million in settlement of her High Court action over alleged negligence in the circumstances of her birth at Letterkenny General Hospital.
The settlement offer was made without admission of liability after a six-day hearing.
Mr Justice John Quirke yesterday approved the settlement for Lauren Tinney (23), Lisowen Avenue, Buncrana, Co Donegal, who had sued the Health Service Executive through her mother Eleanor. The HSE denied the claims.
Ms Tinney is severely disabled, confined to a wheelchair, has little use of her left hand and requires a great deal of care, the court had previously heard.
In recommending the settlement offer yesterday, senior counsel Desmond O’Neill, for Ms Tinney, said there was a major dispute between the sides over causation of the injuries and negligence. In those circumstances, his side believed it was a good settlement.
Counsel told Mr Justice Quirke the views of internationally renowned medical experts on the causation issue were diametrically opposed.
The court previously heard Eleanor Tinney was admitted to the hospital on May 23rd, 1988, when she was 39 weeks and four days pregnant. Lauren was born that May 31st.
Mr O’Neill said the defence contended the causation event occurred six or seven weeks before birth, while his side argued there were signs of a deceleration in the foetal heartbeat on May 29th that should have given rise to suspicions of a possibility of oxygen deprivation.
It was his case the cardiotocography (CTG) recording the heart beat should not have been discontinued, and there was no further CTG for 60 hours.
The plaintiff’s claim was that those 60 hours were crucial, and her side’s expert evidence was that if CTG had been continued on May 29th, it would have shown abnormalities that would have obliged delivery of the baby on that date, with no oxygen deprivation.
Having heard counsel, Mr Justice Quirke said it seemed to him there was a serious risk Ms Tinney would recover absolutely no damages, and that would be a dreadful outcome. He would approve the settlement.
Afterwards, Roger Murray, solicitor for Ms Tinney, said the family was very pleased with the outcome and believed Lauren could now look forward to the future with confidence. It had been “a long struggle” but they had shown, dedication, perseverance and courage, he added.