Monday , December 10 2018
Home / Birth Injury Claims / Judge Approves Settlement of Claim for a Failure to Treat

Judge Approves Settlement of Claim for a Failure to Treat

A claim for a failure to treat the mother of a brain damaged girl has been resolved in the High Court after a judge approved a €2.6 million compensation settlement.

Caoimhe Flood (8) was born at the Rotunda Hospital in Dublin in April 2006, suffering from cerebral palsy after an alleged failure to treat her mother – Marlis – who had a history of ante partum haemorrhage associated with abdominal pain.

Marlis had attended the Rotunda Hospital on a regular basis from February onwards, and was an inpatient from March 30th to April 2nd because of her abdominal pain. On April 3rd Marlis returned to the hospital for a scan and complained of other symptoms.

It was alleged that the scan was not performed and that Marlis was discharged home. However, the following day Marlis again returned to the hospital with increasing abdominal pain. An examination revealed that she was dilated, and Caoimhe was born later that evening – after what Marlis considered to be an avoidable delay.

After her daughter was born, Marlis made a claim for a failure to treat on Caoimhe´s behalf – alleging that the little girl´s birth injuries could have been avoided if the hospital had responded appropriately to her history of ante partum haemorrhage and abdominal pain.

The allegations were denied by the Rotunda Hospital; but, in 2012, the hospital agreed to a €1.3 million interim settlement of compensation for a failure to treat without an admission of liability. This week, the claim for a failure to treat was back at the High Court again for a final settlement to be approved.

At the hearing Mr Justice Bernard Barton heard how Caoimhe had to be fed via a tube during the first year of her life and now needs full time care as she is a spastic quadriplegic. Approving a final settlement of €2.6 million, the judge said that he was very relieved for the Flood family that the claim for a failure to treat had finally and completely been resolved.