A final payment of delayed delivery cerebral palsy compensation has been approved in the High Court in favour of sixteen year old girl described as “heroic”.
Sixteen-year-old student Mary Malee was born on 11th October 1999 by emergency Caesarean section at Mayo General Hospital after an alleged delay in locating a paediatrician. Due to the alleged delay and a miscommunication when the paediatrician arrived, Mary´s delivery was delayed by eighty minutes – during which time her brain was starved of oxygen and she suffered cerebral palsy.
On Mary´s behalf, her mother – Maura Malee from Swinford, County Mayo – claimed delayed delivery cerebral palsy compensation from the Health Service Executive, alleging that there had been a failure to ensure the presence of a paediatrician when it was known that Mary was in distress in the womb, and that the hospital´s medical negligence led to the failure to conduct Mary´s birth in a timely manner.
An interim settlement of delayed delivery cerebral palsy compensation was approved in March 2014 and Mary´s case was adjourned for two years in anticipation of laws allowing for the introduction of phased payments of compensation for catastrophically injured claimants. As structured settlements are still not available, Mary and her parents returned to the High Court last week to have a €5.56 million final payment of delayed delivery cerebral palsy compensation approved.
At the hearing, Mary explained to Mr Justice Peter Kelly that “the stress of ongoing engagement with the HSE and the courts is not what I want”. The judge also heard that Mary has ambitions to become an advocate for people with disabilities, and describing Mary´s achievements to date as “heroic”, Judge Kelly approved the final payment of delayed delivery cerebral palsy compensation.
Also at the hearing an apology from the Mayo General Hospital was read to Mary, expressing the hospital´s deep regret for “the many challenges that you have faced as a result of the treatment provided to your mother Maura at the time of your birth”. Mary subsequently gave a statement to the press in which she said: “Cerebral palsy won’t kill me but I have to learn to live with it … it’s for life. This shouldn’t have happened to me and others like me. Justice has been done and I’m bringing closure to this, we can move on with our lives”.