An interim settlement of compensation for the delayed delivery of a child, who consequently sustained brain damage, has been approved in the High Court.
Mohammad Daud Assad (now aged eleven years) was born at the Rotunda Hospital in Dublin on February 20th 2004 by emergency Caesarean Section after becoming distressed in his mother´s womb. Mohammad was born in a poor condition and needed resuscitating after the delivery.
Due to being deprived of oxygen immediately before his birth, Mohammad suffered severe brain damage. He now suffers from cerebral palsy and has both mental and physical disabilities. Unable to speak, Mohammad will need full-time care and support for the rest of his life.
Through his mother – Alia Muryem Assad of Ballyfermot in Dublin – Mohammed claimed compensation for the late delivery of a child against the Rotunda Hospital. It was alleged that his mother arrived at the hospital at 9:00am on the morning of his birth – ten days overdue – but that he not delivered until 10:30pm.
In excessively delaying Mohammad´s birth, it was claimed, there was a failure to properly assess his mother and consider a failing of the placental function – particularly after a reduction of the foetal heart rate was recorded several hours before his birth.
At the High Court, Mr Justice Kevin Cross heard that Mohammad attends mainstream school and enjoys music. He was also told that the Rotunda Hospital had only acknowledged liability for Mohammad´s birth injuries within the last two weeks, and that an interim settlement of €3 million compensation for the delayed delivery of a child had been agreed.
The judge approved the interim settlement of compensation for the delayed delivery of a child and commented that the way in which the family had rallied round to help Mohammad´s parents “restored one´s faith in humanity”. The case was then adjourned until 2022, when Mohammad´s future needs will be assessed and a full settlement of his claim resolved.