Birth Injury in Hospital Archives - Medical Negligence Claims

If you or your child have sustained a birth injury in hospital, you should be entitled to receive compensation. Unlike most personal injuries, when you claim compensation for a birth injury in hospital, your claim is not dealt with by the Injuries Board Ireland and has to be resolved by negotiation between your solicitor and the negligent medical practitioner´s insurers or through the court system. Compensation settlements for a birth injury in hospital tend to be substantial and, to ensure you receive the maximum possible compensation for a birth injury in hospital, you are advised to speak with an experienced hospital negligence solicitor at the first possible opportunity.

Dec 08 2020

Birth Compensation Action Settled for Family of Newborn Baby whose Skull was Fractured During Delivery

Birth Injury in Hospital

A High Court action has been settled in favour of the family of a baby who passed way just five days after his birth at the National Maternity Hospital (NMH).

The child in question, Henry John McMahon. was diagnosed with a debilitating heart condition before his birth. He was due to undergo cardiac surgery at a different hospital shortly after his birth. However, Richard Kean SC for his family, told the court that Henry experienced a traumatic instrumental delivery and was inflicted with a fractured skull during the process.

Counsel said it was imperative he experience as healthy a delivery as possible in order to increase his chances of a successful cardiac intervention. Sadly, following his birth he was in no state where he could have the necessary critical cardiac surgery.

Henry’s mother, Sorcha McMahon, of Kilmacud Road, Blackrock, Dublin, sued the NMH, Holles Street, Dublin ub relation to the mental distress suffered by her family in relation to his death. The action submitted alleged that there was a failure to provide henry with reasonable care while he and his mother were patients in the hospital. Additionally it was claimed there had been a failure to involve a consultant obstetrician to assist with delivering the infant. Finally it was claimed that Henry was denied the opportunity of life saving heart surgery due to the alleged gross compromising of his condition as a result of the alleged mismanagement of his birth.

The claims were denied by the defendants.

In an affidavit provided to the court, Mrs McMahon said her son was delivered at the hospital on September 18, 2017 . Shortly after this he had been diagnosed during an antenatal ultrasound scan with a heart condition. As a result of this a plan was put in place that he would be transferred to Our Lady Children’s Hospital, Crumlin, Dublin, after delivery for operative care, and his prognosis was positive.

She said it was important that that Henry be given birth to in the healthiest condition possible because he could not experience any additional compromises in light of his pre-existing heart condition and his requirement for immediate operative intervention.

Mrs McMahon said her son experience a traumatic brain injury and after birth his condition was extremely impacted. She said her son’s condition on being taken to the Children’s Hospital, was such that he was deemed unfit for his vital cardiac surgery and a decision had to be taken to permit palliative treatment. She said her son passed away on September 23, 2017.

The details of the settlement are to remain private.

Sep 20 2020

Improper Diagnosis at Birth Compensation of €22.5m Awarded Following Delayed Treatment for Boy

Birth Injury in Hospital

An improper diagnosis at birth compensation award of €22.5m has been awarded to an eight-year-old boy been awarded €22.5m after the High Court ruled that he should have been treated for a viral infection more quickly by the physicians tending to him.

The legal action claimed that there was a delay, following Calum Spillane’s delivery on August 1 2012, in diagnosing and administering proper treatment for a Group B streptococcal infection. This delay caused the infection to spread and develop into meningitis, leading to a significant brain injury being sustained by the infant. An additional claim of negligence was filed in relation to the fact that at no point in time was an acceptable examination of the child completed, even though midwives had been tracking the development of his illness on three separate occasions during the afternoon/evening of August 2.

Dr John O’Mahony SC, representing Calum and his family in the High Court, said the young boy’s speech is “enormously limited” as a result of his dyskinetic cerebral palsy and he is confined to his wheelchair. He needs 24-hour care. Mr O’Mahony said: “He was born in good condition and a bad infection developed. The hospital were not alert when they should have been, Calum developed meningitis and there were devastating personal sequelae for him and for the rest of his life.”

An apology from Cork University Maternity Hospital to Calum and his family was read out in the High Court, stating regret due to “the delay in diagnosing Calum’s infection and the injuries he suffered.”

It continued: “We can only express our sincere regret to you and your family for what has happened and wish you both and your two boys Calum and Tom the very best for the future. CUMH have learned important lessons from your experience and we continue to educate out staff regarding the importance of optimal communication and escalation across all our multidisciplinary team.”

The boy’s mother, Linda Spillane, addressed the Judge following the settlement approval, commenting that she, along with her family, wish for Calum to now be given the treatment he requires. She said: “We want him now to have a team working with him and to have one to one for speech and other therapies. He always has a big smile on his face and he is very sociable.”

Mediation talks led to the approved settlement, one of the highest in the history of the State.

Aug 07 2020

Death at Birth Compensation Award of €35,000 Against Coombe Maternity Hospital

Birth Injury in Hospital, Clinical Malpractice in Hospital

The Coombe Maternity Hospital has been ordered to pay a death at birth compensation payment of €35,000 by the High Action to the parents of an Rory Jason Sweeney Butler, who passed away hours after he his gave birth to him.

Appearing in Court on behalf of infant’s family, Richard Kean SC made the judge aware that this case was caused by the untimely and “very tragic” death of baby Rory. Rory passed away on November 19 2015 at the Coombe Maternity Hospital. His parent, Assumpta Sweeney and Jason Butler, alleged that this unfortunate course of events too place due to medical negligence compensation and submitted a death at birth compensation action against the Coombe Women and Infants University Hospital. The claim stated that the hospital had been negligent during the birth and that they suffered from nervous shock for many months due in the aftermath of their son’s wrongful death in the hospital’s neonatal intensive care unit.

Liability in the case was accepted by the Coombe maternity hospital.

At the High Court approval was given for the statutory compensation award by Justice Robert Eager, this is known as the solatium for distress for the parents and siblings of the child. The Judge was made aware that other family members had waived any entitlement to any payment out of the award.

Along with this the Court was also told that there are due to be more, separate, legal proceedings taken in relation the the circumstances of Rory’s tragic death.

The Coombe Hospital has a sad history in relation to birth negligence comments, on earlier occasions the hospital has been ordered to pay compensations in relation to issues that were experienced during the delivery of their child. In 2013 the maternity hospital was found to be at fault in the case of a dyskinetic cerebral palsy medical negligence compensation claim which was submitted by the parents of a then 10-year-old boy who was born suffering from near complete acute hypoxic ischaemia. An official investigation into the incident the claim revealed that dyskinetic cerebral palsy was caused by medical negligence.

Dara Brennan, who suffered a facial injury during his birthday at the Coombe Hospital on November 12, 2009 was awarded €65,000 medical negligence compensation and Eoin McCallig from Dunkineely in Co Donegal and his parents were awarded €15m in relation to the injuries he sustained his birth when he was not supplied with enough oxygen during his birth.

Jan 29 2020

Family of Woman Kept on Life Support due to Eighth Amendment Awarded €1.5m Settlement

Birth Injury in Hospital, Hospital Medical Malpractice, Wrongful Death due to Hospital Negligence

A €1.5m settlement including expenses has been awarded to the family of a deceased young mother who was pregnant and kept alive on life support due to doctors’ concerns about the Eighth Amendment.

Ms Natasha Perie (26) was pronounced brain dead during November 2014 when she was 15 weeks pregnant. She had been kept alive on life support for an another four weeks after this due to doctors’ concerns in relation to the Eighth Amendment – which has since been repealed – for the foetus. Life support was turned off once her family obtained High Court orders to that end on December 26, 2014.

The final settlement was awarded for negligence in care at Midland Regional Hospital in Mullingar and €1.3m of it will be paid to Ms Perie’s two children, who are now aged 11 and nine. Her father Peter Perie initiated a legal action for damages for his two grandchildren (Natasha’s children) now aged 11 and 9, in relation to the loss of their mother. Both children, who have different fathers, had been living with their mother in Mr Perie’s home but, since her death, have been residing with their respective fathers.

The HSE admitted liability in the case but did not accept the extent of damages sought, some €3.2m. The State Claims Agency offered a settlement of some €1.5m on behalf of the HSE. Nervous shock claims by seven family members were settled on an earlier occasion and Ms Perie’s daughter received €150,000 in those proceedings.

Ms Justice Deirdre Murphy heard the bigger fatal dependency case, which started yesterday, after a mediation was unsuccessful in securing agreement and the €1.5m offer made earlier this week was not accepted.

An apology had been made public by the HSE for the family last November from the Mullingar hospital and the HSE in relation to problems with Ms Perie’s care at the hospital in late 2014. She was confirmed brain dead days after her admission there on November 27, 2014, but was then placed on life support.

Testimony was made to Justice Murphy, from members of his extended family and the children’s fathers and relevant medics, in relation to the effect on the children of seeing their mother on life support. Dr Frances Colreavy said Ms Perie’s eyes did not close properly. She said nurses advised her that the children, especially the then six-year-old girl, were upset, with both refusing to make contact with their mother. Th current state of the girl was referred to as “inconsolable”. A care specialist also told the Court that both children would need live-in nannies until they left home. The judge expressed concern about that and certain other aspects of the legal action.

However yesterday morning, in the aftermath of mediation talks, Mr Justice Kevin Cross was asked by Jonathan Kilfeather SC, instructed by Gillian O’Connor solicitor, of Michael Boylan Litigation, to give his approval the €1.5m offer.

May 09 2019

Boy (9) who Sustained Brain Injury as an Infant Award Record Medical Negligence Compensation of €32m

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Hospital Medical Malpractice, Uncategorized

Benjamin Gillick, a nine year old boy who sustained life long brain damage due to a delayed diagnosis of infection following surgery by medical staff when he was only a small child just an infant, has had a €32 million medical negligence compensation award approved at the High Court.

The boy’s parents, Miriam and Andrew Gillick, urged with the judge not to approve the proposed award as they were of the opinion that is insufficient when it comes to dealing with his health for the remainder of his life. They said: “It leaves us with a shortfall that will be imposed on ourselves or our children, or possibly our grandchildren.”

Presiding Judge Justice Kevin Cross told those present that a small percentage of the compensation, under €500,000, was being awarded due to the tragic injuries inflicted on Benjamin. Most of the remainder of the compensation awarded is being made s due to the cost of Benjamin’s complex treatment, educational and housing needs for the rest of his life.

The family previously live at Knockmaroon Hill, Chapelizod, Dublin but are now living in London. As party of the legal action Benjamin alleged the hospital was negligent about the investigation, diagnosis, management treatment and care of the shunt infection which he attended with on April 9th, 2011.Judge Cross, in giving his approval for a final settlement offer of €25m, stated: “When the headlines come to be written it should be noted that no one is getting a bonanza”.

Andrew Gillick, the boy’s father, told the Judge that he is worried with regard to the money being insufficient when compared to rates of return on investment in England, where the family have moved to. He went on to say that there has recently been a similar case decided in the UK where the compensation award was approximately €45m due to the costs of carers, therapies, aids and appliances, transport and education. He (Andrew) cried as he spoke of of his son’s “gruelling regime”daily that includes therapy for hours each day and that the need for two carers. Their figures for their son’s needs were not inflated he added.

Benjamin and his identical twin brother weres born prematurely. At 11 months old Benjamin had to undergo a clinical procedure at Temple Street Children’s Hospital to drain fluid from his brain. At the time a shunt was placed to address this issues. However, the boy was later brought back to the hospital as he was puking and feeling quite sick.

The High Court was informed that a shunt infection is a common complication of the process and the cause of the negligence was that for up to three days this possibility was not investigated. The court was also informed that Benjamin suffers with cerebral palsy, is quadriplegic, and cannot communicate verbally like other children of the same age.

Apr 07 2019

Hospital and Negligence Compensation Award of €268m Completed by State Claims Agency from 2017-18

Birth Injury in Hospital, Delayed Treatment due to Hospital Negligence, Dentist Negligence, Hospital Medical Malpractice, Hospital Medical Negligence

The total figure of compensation paid out by the State Claims Agency (SCA) in relation to hospital and medical negligence claims totals over half a billion euro from 2017-18

New figures published by Minister for Health Simon Harris indicate that the amount of of compensation paid out by the State Claims Agency (SCA) in 2018 was €268.45m for hospital and medical negligence cases – a rise of €18.6 million – or 7.5% – on the €249.77m handed over in 2017. This brings the overall amount of compensation for hospital and medical negligence paid out in 2017-18 to €518.2m.

The figures were published by the State Claims Agency (SCA) as part of a response to an official Dáil Question from Fianna Fáil’s Finance spokesman, Michael McGrath. The response also indicated that the largest sum paid out in 2018 for hospital or medical negligence was €15.5m to an individual suffering with cerebral palsy.

Compensation cases made in relation to birth/pregnancy negligence or cerebral palsy made up seven of the top ten hospital or medical negligence payouts during 2018. The figures show that, in the seven cerebral palsy cases, an overall sum of €60.3m compensation was paid out in order to give adequate treatment for the people involved for the remainder of their lives.

The rest of the top ten was made up of cases including a pay-out of €6.3 million for a clinical procedure at surgery and a separate payout of €5.9m under the same category.

The smallest lowest payout in the top ten was €4.37mrelating to a clinical procedure in the Gynaecology service.

Jan 25 2019

€200k Settlement in Wrongful Birth Death Compensation Case

Birth Injury in Hospital, Wrongful Death due to Hospital Negligence

The Health Service Executive and a hospital have apologised to the parents of a Ali Dowling Crowe, who died two weeks after her birth, for failings in care at the time of her birth.

Patrick Treacy SC, legal representative for Ali’s family, told the court the child suffered brain damage from, what was referred to as, a ‘near total deprivation of oxygen’ at the time of her birth.

A letter of apology to Ali’s parents, Sharon Dowling and Brian Crowe, was read to the the High Court, which said that the HSE and St Lukes Hospital, Carlow/Kilkenny “express an unreserved apology to you and your family for the failings in the care afforded to your child Baby Ali in the course of her birth at this hospital on January 17, 2015. We extend our deepest sympathy to you and your family arising from her subsequent death on February 1st, 2015.”

The couple, of Glenvale, Ballyraggert, Kilkenny had taken the legal action against the HSE claiming Ali suffered brain damage during to her delivery. This, they claimed, was caused by an acute near total hypoxic ischemic insult during labour. Ali became unwell upon her delivery on January 17 2015, and passed away on February 1.

In the birth death compensation action it was claimed that Ali’s delivery should have taken place 20 or 35 minutes earlier and that a failure to interpret a CTG suitably and take the appropriate step for remedial action. The court was told that there was a partial admission in the case in relation to the CTG trace.

Ali was their first child and both parents said they suffered shock distress and emotional upset following her death.

In a statement made outside court, Ali’s parents said that they never imagined that instead of celebrating the birth of their beautiful daughter, they would be arranging her funeral. They said: “Instead of calling loved ones telling them our much anticipated and longed for first born had arrived, we had to impart the devastating news that our baby was dead. On that day our lives changed forever and will never be the same again. We are broken but we choose to live in hope and we will try to get on with our lives, knowing that Ali is in our hearts, our angel in heaven guiding and protecting her parents and two sisters.”

Approving the settlement, Ms Justice Bronagh O’Hanlon said she was pleased that there has been an apology issued and wished the family all the best for the future, adding that she was aware that no words from her or compensation could console the parents who have lost their first child.

Nov 24 2018

Dead Woman’s Family Awarded €650,000 Childbirth Death Compensation

Birth Injury in Hospital, Delayed Treatment due to Hospital Negligence, Wrongful Death due to Hospital Negligence

The family of a woman, Nora Hyland, who died following an emergency caesarean section have been awarded €650,000 personal injury compensation at the High Court.

The family of Ms Hyland took the legal action to seek compensation for nervous shock following the death of their wife and mother. The compensation action was settled for €650,000 in favour of the husband and son of Nora, who passed away at the National Maternity Hospital (NMH) soon after having an emergency caesarean section.

Nora Hyland, a 31-year-old originally from Malaysia, died on the operating table at the NMH, Holles Street, Dublin, on February 13, 2012, just three hours after undergoing an emergency caesarean during the delivery of her son Frederick. The hospital refused to accept liability as part of the compensation settlement and denies the allegations.

The Hylands’ legal counsel, Ms Sasha Louise Gayer, spoke in the High Court and said that the Hylands are happy with the compensation settlement but were too upset to be present in court. Ms Gayer informed the court that baby Frederick was delivered successfully. However, not long after this Ms Hyland began to lose a lot of blood.

A subsequent inquest later delivered a verdict of medical misadventure. Ms Hyland had to wait almost 40 minutes for a blood transfusion after a severe bleeding.

In presenting his ruling on the cause of death, Dublin coroner Dr Brian Farrell ruled that the cardiac arrest which occurred due to severe post-partum haemorrhage was mainly to blame. However, he unable to confirm that the delay in Mrs Hyland receiving blood was a “definite” cause of her death.

In returning this verdict the inquest was told that a labelling mistake in the laboratory caused a 37-minute delay in Mrs Hyland being given a blood transfusion. Another problem was that no emergency supply units of O-negative, the universal blood type, were maintained in operating theatres at the National Maternity Hospital at the time of the issue. Steps were put in place and a request for blood was processed just after midnight.

Mr Hyland (42) from Station Road, Portmarnock, Co Dublin had taken the wrongful death in childbirth legal action against the NMH for nervous shock in relation to the traumatic circumstances at the time the incident.

Jul 04 2018

High Court Approves €1m Birth Injury Compensation for 13-Year-Old Girl

Birth Injury in Hospital, Hospital Medical Negligence, Injured in Accident in Hospital

A birth injury compensation action against the Health Service Executive has been settled for €1m in the High Court after a girl, now 13-years-old, was not diagnosed with a serious hip abnormality at birth. The condition was not being diagnosed for six years and the young girl, Nyomi Millea Melvey, now suffers from a permanent disability.

The father of the young girl, Colin Melvey, told the court that Nyomi is only able to walk for a period of three to five minutes before her hips become locked into position. He said his daughter has done really well considering the challenges she faces, but she has to work harder because of her disability. Mr Melvey went on to say that Nyomi will also require at least three hip replacement operations throughout her life.

The condition that Nyomi suffers from, known as bilateral hip dysplasia was diagnosed she was six-years-old and it was alleged that the options to address this were extremely limited due to the failure to diagnose this earlier.

Nyomi’s Legal Counsel, Mr Liam Reidy, spoke in the High Court saying that she was born with the condition where both hips were displaced, but that this was not diagnosed by the physicians present at the birth. Nyomi, they said, had been medically examined by medics on different times and there was an alleged failure to recognise the abnormality that she displayed.

Taking the failure to diagnose compensation action through her mother Wendy Millea, Nyomi sued HSE for compensation. Ms Millea had received antenatal care during her pregnancy at Waterford Regional Hospital. Nyomi was born on January 20, 2005, with bilateral hip dysplasia and the attending medical staff failed to recognise the condition. The conditions was not recognised until February 2011.

Additionally it was argues that there was a failure to recognise the underlying hip problem from simple observations despite the physical appearance of the infant and worries made known by her mother along with an alleged failure to refer her for evaluation by an orthopaedic surgeon (or a suitably qualified professional healthcare person).

The claims were denied by the HSE.

Mr Justice Paul Butler approved the settlement of €1,000,000 in birth negligence compensation.

Feb 15 2018

Woman (20) Receives €1.9m Interim Payout in Cerebral Birth Injury Case with HSE

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence

An interim pay out settlement with the HSE of €1.95m has been approved for a 20-year-old woman who suffers with cerebral palsy due to complication with her birth

Born just about 40 minutes after her healthy twin sister in Wexford General Hospital, the High Court heard that Shauni Breen has cerebral palsy, is confined to a wheelchair and suffers from spastic diplegia.

Ms Breen will have to return to the Hight Court in five years’ time when her future care needs will be recalculated.

No living in Meadowbrook, Riverstown, Glanmire, Co Cork, Ms Breen took her cerebral palsy compensation action against the HSE due to the handling of the complication that occurred during her birth on December 30, 1997. The High Court was advised that, that when her pregnancy was at 33 weeks and three days, the twins’ mother Marie Foley was admitted to Wexford General hospital at 5am. Ms Breen’s twin Nicole was born healthy soon after this at 6.10am.

It was also alleged that the second stage of labour in Shauni Breen’s delivery lasted 40 minutes. Ms Breen’s legal team alleged that the management of her birth was incompetent. The added that there was a clear failure to have an anaesthetist present at the delivery of Shauni. There also should have been, it was argued, that a full team medical team in attendance, ready and prepared for every possible outcome. This was probably due to the failure to recognise this as a high-risk labour.

The HSE, in denying these allegations, stated that the manner in which the birth was managed complied with general and approved practice in 1997. Additionally, it was also argued by the HSE that everything was operated in a fashion entirely consistent with standard medical practice in a district hospital maternity unit.

The baby, according to legal counsel, had an abnormal presentation and said that she should have been delivered by caesarean section in the 15 minutes following the birth of her sister, Nicole. Instead, Shauni Breen had to be resuscitated and was transferred to another hospital for treatment.

High Court Judge Justice Kevin Cross approved the interim cerebral palsy settlement.

Archive for Category: Birth Injury in Hospital

Freephone Advice Service