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Settlement of Claim against the HSE for a Mismanaged Birth Approved at the High Court

The €98,000 settlement of a claim against the HSE for a mismanaged birth has been approved at the High Court despite the HSE failing to admit liability.

The claim against the HSE for a mismanaged birth was made by a couple from Ballyneety in County Limerick following the death of their daughter six hours after she had been born at the Limerick Regional Maternity Hospital.

The couple alleged that their daughter had been born in good health on July 15, 2010 but, due to a serious of negligent actions by hospital staff, the child suffered a severe loss of blood that was not detected in a timely manner and died.

The claim against the HSE for a mismanaged birth alleged that, after her birth, the baby was lifted above the level of the placenta to untangle her from the umbilical cord and there was a failure to clamp the cord in a timely and effective manner – thus causing the severe loss of blood.

The HSE denied the allegations and presented an alternate version of the facts. Although failing to admit liability, an offer of settlement was made of €98,000 to account for the couple´s emotional trauma and nervous shock on learning of the death of their child.

At the hearing to approve the settlement, Mr Justice Kevin Cross was told a dispute existed around how the baby had been lifted so the umbilical cord could be cut. He heard that the child later became floppy and collapsed – dying six hours and thirteen minutes after her birth.

During the approval hearing a statement of regret was read to the family be a representative of the HSE, after which Judge Cross approved the settlement of the claim against the HSE for a mismanaged birth and extended his sympathy to the family for their loss.

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Negligent Spine Surgery Compensation Claim Resolved with Approval of €7.1 Million Settlement

A negligent spine surgery compensation claim, made on behalf of a former barrister, has been resolved with the approval of a €7.1 million settlement.

The claimant – a 46-year-old former barrister – attended the Sports Surgery Clinic in Santry, Dublin, for elective routine cervical spine surgery in 2014 after complaining of ongoing back pain. Although the surgery itself was successful, a failure to properly manage his levels of anaesthetic during his recovery resulted in the claimant suffering a hypoxic brain injury.

Due to being starved of oxygen during his recovery from the surgery, the claimant needs now twenty-four hour care. The former barrister can react to the presence of his family and smile at his two children, but he cannot communicate his needs or when he is in pain. He is currently being cared for in a care home, but the long-term plan is for him to be cared for at the family home in Clonee, County Meath.

On her husband´s behalf, the former barrister´s wife made a negligent spine surgery compensation claim against anaesthetist Deirdre Lohan. Liability was not admitted until last month, when a settlement of €7.1 million was agreed. As the negligent spine surgery compensation claim had been made on behalf of a claimant unable to represent themselves, the settlement had to be approved by a judge.

The approval hearing took place at the High Court, where Mr Justice Kevin Cross was told that the claimant´s care had been paid for to date by a trust sent up by friends and colleagues shortly after his injury. He also heard that the claimant´s wife was happy to accept the offer of settlement on her husband´s behalf because the litigation process had been distressing for her and she wanted it finished.

Judge Cross approved the settlement of the negligent spine surgery compensation claim, sympathising with the family for the “terrible tragedy” they had suffered.

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