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Birth Injury Claims

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Birth injury claims for compensation arise when a mother or child has sustained an avoidable injury due to the negligence of the medical team performing the delivery.

This page contains news items about Birth Injury Compensation (Scroll Down)

Claims for birth injury compensation have to show that one or more of the medical team displayed a poor professional performance and that, on the balance of probability, the birth injury would not have occurred if an alternative course of action had been undertaken.

Birth Injuries Not Covered By Injuries Board

Birth injury claims for compensation are declined by the Injuries Board as they rely on medical opinion rather than established fact and it is therefore essential that you engage the services of a personal injury solicitor to process birth injury claims for compensation.

Why You Should Consult A Solicitor

While we strive to ensure all the articles on this site are factually accurate you should never solely rely on the information supplied here. Every case is different and while reading one of our articles can provide you with general information you should always get expert advice and consult a solicitor before taking any action that may have legal consequences.

For this reason we also provide a confidential 24-hour helpline where you can talk to a highly experienced and specialised personal injury solicitor who will answer any questions you may have about your potential compensation claim.

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Birth Injuries Obstretic Negligence Claim Resolved in Court

The family of a young female who suffered brain damage injuries at her birth due to hospital errors have had their birth injuries obstretic negligence claim resolved at the High Court in Dublin. Alex Butler, now eight years old, from County Waterford, was born at the Waterford Regional Hospital in April 2005; however, due to the hospital not having an adequate number of properly skilled competent medical staff to deal with the Alex’s birth, and to ensure that an adequate and competent obstetrician was on duty available, Alex’s delivery was delayed by twelve minutes – during which time she suffered brain trauma which led to permanent tetraplegic injury. In a claim take, on her behalf, through her mother Sonya, Alex alleged that her consultant obstetrician had been allowed to take leave at the same time as Waterford Regional Hospital’s two other obstetricians and that the hospital had temporarily employed a locum obstetrician without ensuring that he was competent. ALong with this it was claimed that Sonya´s pre-operative assessment was insufficient and there was a failure to recognise the necessity for a Caesarean section. The High Court was advised that the Health Service Executive (HSE) admitted liability for Alex´s brain injuries, and the claim for birth injuries due to a lack of staff made against the consultant obstetrician – John Bermingham – and locum obstetrician – Mahmud Khbuli – were thrown out of court. A representative from Waterford read out an apology for the mismanagement of Alex’s birth and accepted that the mistakes should never have happened. The Court also heard that an interim compensation settlement of Alex´s claim for birth injuries due to a lack of staff amounting to €1.4 million had been agreed upon between the HSE and Alex´s parents. The birth injuries obstretic negligence claim settlement is to be reviewed again in two years when an assessment of Alex´s care needs for the future has been made, and by which time it is hoped that the option of a structured settlement is available.

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Family to Receive Compensation for Fatal Birth Medical Negligence

A family from Castlebar in County Mayo is to receive 850,000 Euros in compensation for fatal birth medical negligence following a High Court hearing. Padraic Flanagan (43) made the claim for fatal birth medical negligence compensation following an inquest into the death of his wife – Evelyn – who died while giving birth to her second child at the Mayo General Hospital in October 2007. Although an initial post-mortem determined that Evelyn´s death was possibly attributable to an amniotic fluid embolism, the family criticised the findings and claimed that the deterioration in her condition after the birth of her child was due to an avoidable postpartum haemorrhage due to a rupture of Evelyn´s uterus which was not detected or adequately dealt with. The inquest into Evelyn´s death in 2009 returned a verdict of death by medical adventure, after which Padraic Flanagan made the claim for fatal birth medical negligence compensation against the Health Service Executive and consultant obstetrician, Dr Murtada Mohamed. Both the Mayo General Hospital and Dr Mohamed denied their liability for Evelyn´s death, but her widower persisted with his action. Shortly before Padraic´s claim was to be heard in court, Mayo General Hospital eventually admitted during pre-trial mediation that Evelyn´s death could have been prevented with greater care. The case continued to the High Court for assessment of damages and, after hearing the circumstances of Evelyn´s death, Mr Justice Michael Peart awarded the family 850,000 Euros in compensation for fatal birth medical negligence against the Health Service Executive. The claim against Dr Mohamed was struck out.

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Claim for Symphysiotomy Compensation Upheld in Supreme Court

The Supreme Court has upheld a claim for symphysiotomy compensation which resulted in an award of 450,000 Euros in March this year, but reduced the award to 325,000 Euros. The original claim for symphysiotomy compensation was made by Olivia Kearney (60) from Castlebellingham, County Louth and was heard in the High Court in March in front of Mr Justice Sean Ryan. At the time, Mr Justice Sean Ryan found in Olivia´s favour, and ruled that a symphysiotomy procedure which had been performed in 1969 after the successful delivery of Olivia´s son by Caesarean Section had been unjustified. The judgement was appealed by Our Lady of Lourdes Hospital in Drogheda on the grounds that the symphysiotomy procedure was medically and ethically justified at the time. The hospital claimed that, in 1969, there were many clinicians who shared the same views on symphysiotomy as Dr Gerard Connolly – the obstetrician who had performed the unnecessary symphysiotomy when Olivia was just eighteen years old. However, the five-judge Supreme Court unanimously upheld Olivia´s claim for symphysiotomy compensation, with Mr Justice John MacMenamin – announcing the Supreme Court´s decision – stating “the procedure was wrong, even by the standards of the time” and that “it was unfathomable by today’s standards and even by those of 1969 had no justification whatever”. The verdict of the Supreme Court ends a ten-year legal battle for Olivia, who only found out that she had undergone the procedure after listening to a radio program in 2002. Explaining the reason behind the reduction in the award of symphysiotomy compensation, Mr Justice John MacMenamin acknowledged that Olivia had endured very serious injuries, but they had not resulted in a total inability to live independently, to work, or to engage in any form of meaningful social life.

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Symphysiotomy Medical Negligence Compensation Awarded in High Court

A woman who underwent a needless symphysiotomy operation without her knowledge or consent has been awarded 450,000 Euros in symphysiotomy medical negligence compensation in Dublin´s High Court. Olivia Kearney (60) of Castlebellingham, County Louth, was just eighteen years of age when she gave birth to her son at the Our Lady of Lourdes Hospital in Drogheda in 1969. While she was still anaesthetised following the Caesarean Section operation, Dr Gerard Connolly – the consultant obstetrician attending Olivia – performed a symphysiotomy procedure in which the cartilage between Olivia´s left and right pubic bones was cut to widen the pelvis. Unaware that the procedure had been performed, Olivia suffered with back pain, incontinence and depression without knowing the reason why for more than thirty years. In 2002, Olivia was listening to a radio program in which the presenter was relating the experiences of women who had undergone the symphysiotomy procedure and the symptoms described in the radio program matched those which Olivia had suffered from all her adult life. After obtaining her medical records and seeking legal advice, Olivia made a claim for symphysiotomy medical negligence compensation but, in 2006, Olivia´s claim was rejected by the High Court on the grounds that   “there would have to be expert evidence available on both sides to debate the appropriateness of the procedure carried out” and, as Dr Connolly had since died, the necessity for the symphysiotomy procedure could not be explained. Olivia revised her claim for symphysiotomy medical negligence compensation, claiming instead that there was no justification in any circumstances for a symphysiotomy procedure to be carried out immediately after a successful Caesarean Section delivery – meaning that an explanation of whether the procedure was required “at that time and in those circumstances” was no longer relevant. The Supreme Court agreed with her argument and gave Olivia leave to reintroduce her claim. At the High Court in Dublin, Mr Justice Sean Ryan heard that representatives of Our Lady of Lourdes Hospital could not produce evidence to explain why the unnecessary procedure was performed and, finding favour of Olivia, awarded her 450,000 Euros in symphysiotomy medical negligence compensation – stating that Olivia had suffered a lifetime of “pain, discomfort and embarrassment” due to the unnecessary symphysiotomy procedure.

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Erb’s Palsy Birth Injury Claim settled for €850k

A teenage girl, who sustained an Erb’s Palsy injury due to an alleged breach in the duty of care at her birth, has had an Erb’s Palsy birth injury claim  settled for 850,000 Euros in the High Court. Sarah O’Sullivan (14) from Blarney, County Cork, suffered a shoulder injury during her birth at Cork City General Hospital in 1997 which resulted in her being diagnosed with right-sided Erb’s Palsy as she grew older. Claiming that the management of her birth was mishandled and that the injury could have been prevented with due diligence, Sarah sued the hospital and consultant obstetrician Dr. Patrick Kieran through her father, Kevin. Both Cork City General Hospital and Dr. Kieran denied the claims made against them, but the High Court heard that they had agreed to a Erb’s Palsy birth injury claim settlement of 850,000 Euros without admission of liability.

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Birth Injury Negligence Lawsuit settled for more than €1m

A seven year old boy, who was born with spastic cerebral palsy due to the negligence of nursing staff prior to his delivery, has had a partial settlement of more than one million Euros approved in the High Court in his birth injury negligence lawsuit. Shane Kenny of Ballyduff, County Waterford, sued the Health Service Executive through his mother Catherine, due to alleged negligence in the time leading up to his birth at the Erinville Hospital, County Cork, on November 2nd 2004. In the birth injury negligence lawsuit, Mr Justice John Quirke at the High Court heard that there had been a failure to act on the results of a cardiotocogragh trace (CTG) which showed that the boy´s foetal heart rate was abnormal. Due to this oversight, Shane was delivered using forceps, which resulted in a partial hypoxic event. The court was told that, although Shane is able to attend mainstream education, he is not expected to sit State exams and will never be capable of independent living. Liability for Shane’s birth negligence injury was admitted by the Health Service Executive, and an interim settlement award of 1,004,000 Euros had been agreed between the parties to cover past costs and expenses, and to provide care and education for Shane for the next two years. While approving the birth negligence settlement, Mr Justice John Quirke stated that he hoped legislation would be introduced within the next two years to facilitate periodic payments to those who had suffered catastrophic injury. The birth negligence settlement does not account for Shane’s future loss of earnings, which will be decided upon in a hearing to be scheduled next year.

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Cerebral Palsy Litigation see girl awarded £1.6m

A six year old girl, who a birth injury has seen her cerebral palsy litigation claim result in an interim settlement of £1.6m. Isabelle Sheehan was born suffering from severe spastic quadriplegic cerebral palsy. The girl sustained her birth injury due to the acknowledged negligence of Dr David Corr, who was practising privately from Bon Secours Maternity Hospital, Cork, at the time of Isabelle’s birth in November 2004. Ms Sheehan claim was made by her mother Catherine, who alleged that Dr Corr should have referred her to an expert in foetal medicine when complications started during her pregnancy. Doctor Corr stated that he had made a mistake and Mr Justice Iarfhlaith O’Neill heard at the High Court that an interim settlement of £1.6m had been agreed by the parties. The settlement will cover general damages and loss of future earnings for Isabelle, and is to pay for the care provided already for the child and future care until October 2013. By that date, it is hoped that a system of periodic payments will be introduced for persons with life-changing injuries. Mr Justice Iarfhlaith O’Neill stated, however that if the necessary legislation was not enacted by that time, a lump sum payment must be provided.

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Cerebral Palsy Legal Case leads to €1.4m settlement

A young woman, who was found to have cerebral palsy shortly after her birth, has had a compensation award of 1.4 million Euros approved in the High Court. Deborah French (24) from Ballymitty, County Wexford, was diagnosed with cerebral palsy shortly after her birth in August 1987 at Wexford General Hospital. Her parents brought a claim for birth injury compensation against consultant obstetrician Harry Murphy and the South Eastern Health Board, claiming that Dr Murphy had been negligent in the hours leading up to and during Debora’s birth. The action was settled without admission of liability by the defendants, a course of action supported by Mr Justice John Quirke as he approved the settlement, stating that the conflicting opinions offered by medical experts may have put the family at risk of getting nothing in a trial. The judge advised that the funds be released to Deborah’s parents – Ann and John French – in annual increments of 100,000 Euros.

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Ectopic Pregnancy Negligence Lawsuit leads to £63,000 award

A woman has been awarded £63,000 in personal injury compensation following an ectopic pregnancy negligence lawsuit at the High Court. Anne English (47) from Clonmel, County Tipperary, who was transferred between hospitals while in severe and continuous pain from her ectopic pregnancy, She had been treated at the St Joseph’s Hospital, Clonmel, in 1996, with a suspected molar pregnancy – an unusual condition in which abnormal growth occurs instead of foetal tissue. Anne was tended to by consultant obstetrician and gynaecologist, Dr. Raymond Howard, who dismissed the molar pregnancy and suggested that Anne was suffering from a condition known as acute retrocecal appendicitis. Dr Howard then arranged for Anne to be transferred to Our Lady’s Hospital, Cashel, for a surgical opinion. However, as Mr Justice Sean Ryan at the High Court heard, Dr. Howard had missed Anne’s true condition which was a ectopic pregnancy – one in which the embryo implants outside of the womb – and, when the pregnancy finally ruptured while Anne was at Our Lady’s Hospital, she was returned to St Joseph´s Hospital by hospital despite the fact that she was bleeding heavily and being in a critical condition. On Ann’s return, Dr Howard immediately sent her to the operating theatre, where anaesthetic measures had to be taken to resuscitate her and three litres of blood were removed from her peritoneal cavity. Despite recovering from the incident, Anne claimed she had been severely psychologically damaged by the incident and continues to suffer from it. Finding Doctor Howard’s oversight 40 per cent liable for the injury, and the Health Service Executive 60 per cent liable for the injuries suffered by Anne, Mr Justice Sean Ryan announced a personal injury compensation award of £63,000 should be paid to Anne stating “The decision to transfer her from the Cashel Hospital to Clonmel in this state amounted to gross negligence”.

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Settlement for Cerebral Palsy During Birth

A 23 year old woman, who sustained cerebral palsy due to the alleged mis-management of her birth, has agreed to an out-of-court settlement for cerebral palsy during birth amounting to 2.5 million Euros. Laura Tinney of Buncrana, County Donegal, was born on May 31st 1988 at the Letterkenny County Hospital after her mother – Eleanor – was admitted the week previously, when cardiotocography recordings had shown a deceleration in the foetal heartbeat. Cardiotocography recordings were not taken after May 29th and when Laura was born it was discovered that she had suffered from oxygen deprivation, causing permanent brain damage. Laura is now confined to a wheelchair, has limited use of her left hand and requires significant care. In a case brought against the Health Service Executive (HSE) by Laura’s mother, it was alleged that had the cardiotocography recordings been maintained, it would have revealed further abnormalities in the heartbeat which would have prompted immediate delivery. The HSE denied the claims, but at the High Court in Dublin Mr. Justice John Quirke was advised that the HSE had offered to settle without admission of liability which the family was willing to accept. Approving the 2.5 million Euros compensation package the judge commented that had the case been allowed to proceed, there was a real chance that Laura would have received no damages – a scenario which the judge said would be “a dreadful outcome”.

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Award for Breast Cancer Misdiagnosis by Hospital

A man, whose wife died from breast cancer after being misdiagnosed as all clear, has had a 110,000 Euro award for breast cancer misdiagnosis by a hospital approved in the High Court. Ann Moriaty was just 51 years of age when first diagnosed with breast cancer in April 2005. She underwent a mastectomy prodcedure the following month, followed by chemotherapy and radiotherapy at St. James´s Hospital in Dublin. After this she attended six-monthly reviews at St. James´s, where she was considered to be doing well and in remission from the cancer. In June 2007, she started to suffer from weight loss and nausea. Ms Moriaty attended, and was admitted to, the Mid-Western Regional Hospital in Ennis, County Clare, on June 11th, where a diagnosis of a urinary tract infection was made and Ann was discharged on June 15 with a course of antibiotics. A chest X-ray was taken at the time which was analysed and considered to be normal. Once again she attended the Mid-Western Regional Hospital on August 11th suffering from the same symptoms and unable to eat or drink. An out-patient appointment was arranged for August 13, where she was prescribed an anti-emetic and sent home. However, another X-ray taken on August 9th at the hospital had shown, it was claimed, a local bulge opacity and vague shadowing in the mid-left zone. Although the family were relieved that there had been no recurrence of the cancer, Ann´s GP was still concerned about her health. On August 14th, she was sent to the Galway emergency clinic where she was immediately admitted and a series of tests carried out. On August 16th, Ann and her family were advised that the cancer had returned and that it was at an advanced stage. The family sought verification of the second diagnosis at St. James´s Hospital, where it was confirmed that Ann indeed had extensive breast cancer with liver, brain and lung involvement. The hospital advised the family that the extent of cancer meant Ann´s illness was incurable and, despite undergoing further radiotherapy, Ann died in April 2008. Claiming that had his wife’s condition been diagnosed sooner, she would have survived longer with fewer symptoms, Ann´s husband – Karl Henry of Ennis, County Clare – and son Ciarán sued the Health Service Executive (HSE) for damages for personal injuries, mental distress, loss, damage and loss of dependency. Karl alleged that Ann’s death had a devastating effect on both him and his son and that the consequent HSE public investigation had also caused significant distress. The HSE refuted the claims, but Mr Justice John Quirke at the High Court heard that they were willing to make an offer of 110,000 Euros in compensation without admission of liability. Counsel for the bereaved family said that they were willing to accept the settlement and, stating that this was a “very sad case”, it was approved by the judge.

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Cerebral Palsy Lawsuit results in £2.9m settlement

A fourteen year old boy, who was starved of oxygen during his birth and now suffers from cerebral palsy, has had a settlement of £2.9m in a cerebral palsy lawsuit approved in the High Court. Cian Mangan was born on the 1st of June 1996. He was already a fewl days overdue when his mother, Michelle, was admitted to St. Finbarr’s Hospital, County Cork, in the early stages of labour. The court was told that Cian’s foetal heartbeat had fallen between the time Michelle was admitted to the hospital and when he was born, and it was alleged that staff at the hospital had failed to recognise this symptom of foetal distress. This supposed oversight led to a delay in summoning a doctor and consequently, when Cian was delivered at 11.39pm, he had become asphyxiated, and now suffers from cerebral palsy as a result. Claiming medical negligence through his mother, the court heard that liability for Cian’s injuries was being denied and further argued that the proper procedures were followed. However, a settlement offer of £2.9m cerebral palsy compensation had been made to Cian and his family which they were prepared to accept. Approving the settlement, Mr Justice Brian McGovern agreed that a payment of £117,000 should be paid to Cian’s mother for the provision of care to him over the past fourteen years, and heard that an application was going to be made to make Cian a ward of court.

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Settlement for Death after Childbirth

The family of a woman who died from internal bleeding, shortly after giving birth at the National Maternity Hospital, has been awarded almost £2m in a settlement for death after childbirth.. Taz Kenefick (36), had been admitted to the hospital to give birth in November 2004. There were complications with the birth as Mrs Kenefick developed an infection during her labour and had a condition in which the placenta was very deeply attached to her womb. After the birth of her son, Mrs Kenefick bled very heavily and, despite the attention of her obstetric consultant, died on the operating table. Her husband, Kevin, sued the consultant and the hospital, alleging clinical neglect, and Mr Justice Iarfhlaith O’Neill at the High Court heard that the hospital admitted liability just two weeks ago. Awarding almost £2m to Mr Kenefick and his two children, Mr Justice Iarfhlaith O’Neil announced that the action against the consultant was no longer going to be pursued.

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Failure to Diagnose Brain Injury results in £1.6m settlement

A compensation award of over £1.6m for a failure to diagnose a brain injury has been made to thirty six year old former opera singer Elaine Lennon. Thirty six year old Elaine was an award-winning opera singer, with a successful future ahead of her both as a singer and as a recently qualified psychologist. However, in February 2007, she started suffering from headaches during the pregnancy of her daughter Claudia, and attended the accident and emergency unit at hospital. There, the judge was told, she was diagnosed by a medical registrar as suffering from a urinary tract infection and referred to a midwife, who assessed she was about to give birth and ordered that Elaine underwent a Caesarean section to deliver Claudia. Claudia was born a healthy baby, but the headaches and the neck stiffness continued and Elaine failed to respond to antibiotics. Doctors twice queried whether a CT scan of her brain should be performed but did not carry one out, and Elaine and her baby were discharged a week after the birth. If a CT scan of Elaine´s brain had been undertaken at the time, doctors would have noticed an abscess which later burst into the ventricles.However, she attended her GP´s clinic at Castle Mill Medical Centre, Balbriggan, where the doctor administered an injection which temporarily stopped the headaches and vomiting which had developed. Dr. Mathun checked on Elaine several days later, determined that she was suffering from post-natal depression and prescribed a sedative. Later that day, she collapsed at home and was admitted to the hospital’s emergency department by ambulance. The following morning, Elaine had two seizures after which a CT scan was performed which revealed the extent of Elaine´s illness. In the action through her father, the court heard how Elaine is now confined to a wheelchair and can only speak in a whisper. She also requires twenty-four hour care due to the doctors failing to notice her brain injury. Approving an interim compensation settlement of £1.6m, Mr. Justice John Quirke stated that, were it not for her injuries, Elaine had the potential to make a lot of money in the future. Liability was admitted in the case.

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£387,000 shoulder dystocia settlement awarded to 14-year-old boy

Justice John Quirke said he had “no hesitation” in approving a £387,000 settlement to Gavin Dowling (14) as compensation for sustaining shoulder dystocia at the time of his birth. In a claim made through the child’s mother, Mary Dowling of Coon West, Kildare, it was claimed that the defendants – Doctor Ashraf Aziz and the South Eastern Health Board – did not provide adequate care during the time of Gavin’s birth in late 1995. Gavin subsequently sustained shoulder dystocia – an injury which lead to him developing Erb’s Palsy and subsequent restrictions in the use of his left shoulder and arm. The South Eastern Health Board and Dr Aziz, who was practicing at St Luke’s General Hospital, Kilkenny, at the time of the alleged incident, rejected the claims and settlement was made with no admission of liability. Gavin now has reasonable strength in his left wrist and hand, but will always suffer from permanent shoulder disability according to his parents, who have ruled out corrective surgery due to the possible consequences involved. Court approval was necessary before the award could be made, as with all injury claims for compensation involving a child, and despite his disadvantages, Gavin has been doing well at school and enjoys taking part in sports.

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Claim for Accident Injury in Creche leads to £542k payout

The compensation claim for accident injury in a creche involving Sean Ross McGowan, who suffered brain damage and blindness as the result of almost drowning in a park pond, has been settled before Mr. Justice Sean Ryan in the High Court for a sum of £542,000. Sean was almost three years old when in August 2007 he was taken on a crèche outing to a park while in the care of Miss Carr´s Home Housing Association. He was allowed out of his pushcahair and, while care staff were chatting between themselves, disappeared for some minutes before being discovered at the bottom of a nearby pond. Sean had almost drowned when rescued and, despite being resuscitated by a doctor, suffered catastrophic brain damage to 95% of his brain. The accident has left Sean, now 5, totally blind, incapacitated and in need of constant care. The court heard how Sean had been a lively good-natured child prior to the accident and, as the child’s creche was a funded service health service will also pay the lifelong costs of care for the child as part of the compensation claim. The defendants had already admitted liability for the incident, and the case was only in court for assessment of damages and court approval as with all compensation claims involving children. Approving the compensation award in court, the judge paid tribute to the child’s parents and said it was obvious they were committed, devoted and dedicated to him.

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Brain Damage Injury Award is £3.75m

Mr. Justice John Quirke has approved a £3.75m brain injury award to Jessica O´Brien. In the claim against the hospital, it was alleged that Jessica´s mother was taken to maternity hospital for the birth of her daughter in May 1993, after a scan at her local hospital revealed that the foetus was experiencing digestive problems. Jessica was born the following, but suffered brain damage during the delivery due to a lack of oxygen. It was claimed in the action against the hospital that medical staff failed to properly monitor Jessica´s heart rate in the period immediately before her delivery – something they should have done automatically, as they were aware that the delivery was high-risk and in danger of hypoxia during the birth. The court heard evidence that Jessica, now 17 years of age, will need care for the remainder of her life. She frequently has to use a wheelchair and suffers from a talking defect for which she is receiving therapy. The hospital denied the claims and the compensation award was approved without admission of liability. The judge ordered that the award settlement be paid into court and will be used for Jessica´s future benefit. As with all compensation claim award for child injury, a court must approve an award before payment is made.

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Birth Injury Brain Damage Award set at £1.12m

A £1.12m interim birth injury brain damage award has been approved in the High Court by Mr. Justice John Quirk in the case of Luke Miggin who suffered brain damage during his birth in 2006. The court was advised how Luke’s mother, Emily, was taken to hospital at 5.30am on the morning of February 26 2006 in preparation for Luke´s birth, under the care of consultant obstetrician Michael Gannon. It was claimed that Dr Gannon did not take note of decelerations in the child’s heart rate during CTG traces throughout the day, which should have led him to conclude that delivery by Caesarean section was necessary. Instead, Dr Gannon delayed until 3.30pm to order the administration of the labour-inducing drug Syntocin, and delivered Luke by forceps at 5.05pm that evening. Luke instantly required resuscitation and was transferred to the special baby care unit. Luke is now four years old and has cerebral palsy, uses a wheelchair and will need 24-hour care for the rest of his life. Liability was admitted by the health service and consultant obstetrician Michael Gannon, and in approving the interim award, Mr Justice John Quirke stated that should legislation not be in place within two years to deal with lifetime care in catastrophic injury cases, the case will be re-listed for further consideration.

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Birth Injury Litigation results in £1.67m payout

Mister Justice John Quirke has approved a partial settlement of £1.67m in the High Court for Brid Courtney in a birth injury litigation case. The action was taken against the health service agreed to the settlement without admitting liability. It was alleged that the hospital failed deliver the baby as quickly as necessary, causing the baby to suffer brain damage. It was also alleged that the hospital failed to note a sudden change in the foetal heart rate pattern. The legal action was brought for Brid Courtney by her mother Deirdre Courtney.

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Last Minute Settlement Agreed for Cerebral Palsy Claim

A man, who sustained birth injuries due to the alleged negligence of medical staff at the Erinville Hospital in Cork, agreed to a settlement of his cerebral palsy claim just minutes before the court hearing to determine his case was about to start. Dermot Moylan (21) of Mallow, County Cork had sued the Erinville Hospital along with the Southern Health Board, Dr David Jenkins and Dr John McKiernan in relation to the circumstances surrounding his birth in 1989. Through his mother, Anna Moylan, it was alleged that Dermot was deprived of oxygen at the time of his birth due to a lack of care by medical staff. As a result of brain damage due to oxygen deprivation, Dermot suffers from severe cerebral palsy, epilepsy and other health complications, and will required around-the-clock care for the rest of his life. The allegations of negligence were disputed by the defendants, however shortly the case to hear Dermot´s cerebral palsy claim for compensation was about to start, by Mr Justice Iarfhlaith O’Neill was informed that a settlement had been agreed upon. A decision to offer cerebral palsy compensation of 4.25 million Euros had been made by the defendants, and this offer was accepted by Anna Moylan on behalf of her son. The judge, once he had heard all the details the cerebral palsy claim settlement, approved the agreement.

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Cerebral Palsy Injury Compensation Approved in Court

A young boy from Sligo, who suffers from cerebral palsy due to alleged medical negligence around the time of his birth, has had a 4.5 million Euros cerebral palsy injury compensation settlement approved in court. Evan Doyle was born with cerebral palsy and spastic quadriplegia at Sligo General Hospital in 1996 due, it was alleged, to the mismanagement of his birth. Mr Justice John Quirke at the Dublin High Court heard claims that Evan´s mother, Janice, had been given too high a dose of a labour-inducing drug and then had a monitor detached during her labour. It was further claimed that a delay before the decision was made to deliver Evan by Caesarean section and then the late arrival of the consultant had caused Evan to be starved of oxygen in the womb – a combination of errors which, it was alleged, resulted in Evan sustaining his cerebral palsy injury. Sligo General Hospital contested each of the claims made against it – stating that it was standard practice to administer a labour-inducing drug and to remove the monitor in certain circumstances. The hospital also claimed that the consultant had arrived within the normally permitted time limit. However, the judge heard that Sligo General Hospital and Health Service Executive were prepared to settle Evan´s cerebral palsy injury compensation claim without admission of liability in the amount of 4.5 million Euros. The judge approved the compensation settlement, commenting that the system under which damages are assessed in such cases should be reviewed to ensure that the victim is guaranteed a life time of care.

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Settlement for Shoulder Injury at Birth Claim Approved in Court

A girl, who has limited function in her right arm and shoulder due to an injury at birth, is to receive 500,000 Euros compensation after a settlement for her shoulder injury at birth claim was approved at Dublin´s High Court. Emma Dempsey (11) from Dublin made the shoulder injury at birth claim through her mother, Carol, against the National Maternity Hospital, Holles Street, Dublin, and consultant obstetrician Dr Peter Lenehan who practices at the Blackrock Clinic in Dublin. It was alleged in the claim for malpractice that Emma sustained an avoidable shoulder injury at the time of her birth due to a lack of skill by Dr Lenehan and the medical team at the National Maternity Hospital – a charge which both defendants denied. However, the High Court in Dublin heard that an offer of compensation of 500,000 Euros had been made to Emma without admission of liability in respect of her should injury at birth claim and, after hearing evidence relating to the case, the compensation settlement was approved.

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