Man with cerebral palsy settles case over his birth for €9m

Man with cerebral palsy settles case over his birth for €9m

A 25-year-old man with cerebral palsy who sued over the circumstances of his birth at the Rotunda Hospital, Dublin, has settled his High Court action for €9m.

The man, who cannot be named by order of the court, Mr Justice Paul Coffey was told, needs constant care.

His counsel, Jonathan Kilfeather SC, told the court it was their case that the baby boy suffered a hypoxic brain injury. He had epilepsy at a year old and was diagnosed with cerebral palsy when he was two years old.

The man’s mother, counsel said, had up until now been caring for her son and her other children with no assistance or support.

“She has given up everything to look after her son,” counsel said. The settlement was reached after mediation talks.

The man had through his mother sued the Rotunda Hospital, Parnell Square, Dublin, over the circumstances of his birth in 1998.

It was claimed the mother was overdue and admitted to the hospital in October 1998 for the induction of labour.

It was claimed she was not seen by a doctor until 8.30pm when it was contended there were large decelerations of the foetal heart rate. The baby was delivered by the ventouse method at 10.20pm.

An alleged deficient and inadequate standard of care was provided, it was claimed, during the first stage of labour and it was further claimed there was a failure at different times to stop the Syntocinon infusion in circumstances where there was a deceleration or an abnormal foetal heart rate.

There was a failure, it was contended, to carry out a Caesarean section after the mother was seen by a doctor at 8.30pm and the mother at this stage suffered from a high temperature and there were large decelerations of foetal heart rate.

It was further claimed there was an alleged failure to provide an adequate standard of care to the baby and the baby’s mother during the second stage of labour.

Counsel told the court liability was admitted in the case.

The mother told the court her son cannot even tell the time and was not able to look after himself.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he wished the man and his mother and family well for the future.

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