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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.

Judge Adjourns Claim for Failing to Act on Test Results

A High Court judge has adjourned a compensation claim for failing to act on test results after approving an interim settlement of compensation for an eight-year-old girl suffering from cerebral palsy.

At the High Court in Dublin, Mr Justice Kevin Cross was told how Isabelle Sheehan was delivered by emergency Caesarean Section at the Bon Secours Maternity Hospital in Cork in November 2004, after the results from an earlier blood test on her mother – Catherine – had shown a significant increase in the presence of antibodies which had the potential to react with those of Isabelle´s father, Colm.

Mr Justice Kevin Cross also heard that, had Catherine Sheehan´s paediatric consultant – Dr David Corr – referred Catherine to a specialist at the time the results were known, Isabelle could have been born earlier and the spastic quadriplegic cerebral palsy she suffered at the time of her delivery could have been avoided.

Through her mother, Isabelle made a compensation claim for failing to act on test results against Dr Corr – who admitted that he had “made a mistake” and accepted liability for Isabelle´s injuries – and, at a hearing in October 2011, Mr Justice Iarfhlaith O’Neill approved an initial €1.9 million settlement of compensation and adjourned the case for two years to allow for the introduction of a structured compensation payment system.

As two years had passed, and no system for structured compensation payments has yet been introduced, Mr Justice Kevin Cross approved a further interim payment of €635,000 to provide Isabelle she will need for the forthcoming two years and adjourned her compensation claim for failing to act on test results once again.

The judge heard that, with assistance, Isabelle was keeping up with her classmates at her mainstream national school and that she was bright and intelligent. Mr Justice Kevin Cross closed the hearing by wishing Isabelle all the best for the future.

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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.

Cerebral Palsy Birth Injuries Could be Reduced by More Senior Doctors Claims Consultant

A leading hospital consultant has claimed that the number of cerebral palsy birth injuries could be reduced if more senior doctors were available to provide 24/7 cover for labour wards.

Dr Sam Coulter-Smith, Master of the Rotunda Hospital in Dublin, was speaking at a special conference convened to hear from doctors, midwives, the legal profession and families on how preventable cerebral palsy birth injuries to babies could be reduced.

He said that the number of babies born with cerebral palsy birth injuries had not reduced in the past twenty years despite an increase in foetal monitoring and births by Caesarean section, and acknowledged that a percentage of babies born with cerebral palsy were due to mistakes by hospitals and medical staff which could have been prevented.

Dr Coulter-Smith told the conference that junior doctors are being asked to make decisions regarding the healthcare of the mother and baby without the necessary experience, and that “there needs to be 24/7 cover of labour wards by senior consultants to address this problem”.

However, the consultant continued, senior doctors are only required to work between 8.00am and 8.00pm under the terms of their current consultant contracts and, for the remainder of the time, they can be at home on call and only have come to the hospital when there is an emergency.

Dr Coulter-Smith explained that the Rotunda Hospital had tried to reduce the number of cerebral palsy birth injuries by setting up a second tier of experienced junior doctors who are available outside “normal” working hours. However, he admitted, this policy was contrary to the demands of the Health Service Executive, who want the Rotunda Hospital to reduce their medical staff.

He added that he hoped the Health Service Executive would pay attention to the message from the conference because State compensation payments for cerebral palsy birth injuries each year amounted to €45million – equivalent to the Rotunda Hospital´s annual budget.

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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.

Support Groups Disagree over Compensation for Symphysiotomy Operations

Groups representing the victims of medical procedures carried out in Ireland between the 1940s and 1990s, to aid childbirth as an alternative to a Caesarean Section, have publicly disagreed about the right path to take in order to recover compensation for symphysiotomy operations.

Following a meeting with Minister for Health James Reilly at the beginning of the month, Patient Focus and SOS Ltd issued a joint statement in which they supported a proposal by James Reilly to determine compensation for symphysiotomy operations through a negotiated mediation with a judge rather than litigation in the courts.

However, speaking at a Survivors of Symphysiotomy emergency general meeting in Dublin, chairperson Marie O´Connor declared that the proposed scheme is exploitative and they do not want to be involved in it – stating that the system proposed by James Reilly “seeks to buy their silence”.

Comparing it to a Magdalene-type solution, Ms O´Connor claimed that Minister Reilly´s proposals were based on the draft findings of the Walsh Report due to be published in the autumn, in which it was determined that the majority of the symphysiotomy operations that were carried out were “medically acceptable” at the time.

Ms O´Connor said that Minister Reilly is yet to openly admit that a wrong had been committed and called on the government to proceed with legislation removing the Statute of Limitations for symphysiotomy claims, which first passed its Private Members Bill stage back in April, but has since failed to progress to committee stage.

Survivors of Symphysiotomy are seeking compensation for symphysiotomy operations of between €250,000 and €450,000 for each victim and have argued that, by not acknowledging that hospitals and medical practitioners were negligent when performing symphysiotomy procedures, the government is denying victims access to justice and a “fair and equitable” settlement of their claims.

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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.

Hospital Obstetric Negligence Compensation Claim Settled at Court

The family of a girl, who sustained brain damage at birth when a locum doctor failed to recognise the necessity for a Caesarean section, have had their hospital obstetric negligence compensation claim settled at the High Court.

Sonya Butler, a native of Dunmore in County Waterford was taken to Waterford Regional Hospital in April 2005 after a healthy pregnancy and was looking forward to giving birth to her first child. However, her consultant obstetrician – John Bermingham – and the hospital´s two other obstetric doctors had all been permitted to take annual leave at the same time, and the hospital had employed a locum – Mahmud Khbuli – to cover for them.

Sadly, Dr Khbuli did not recognise the necessity for a Caesarean section during Sonya´s pre-operative examination and, when Sonya´s daughter – Alex – was delivered, she had experienced a lack of oxygen in the womb which resulted in the little girl suffering brain trauma and she was born tetraplegic.

In a legal action taken on her behalf by her mother, Alex made a hospital obstetric negligence compensation claim against the hospital, Dr Bermingham and Dr Khbuli; claiming that the hospital was negligent by failing to employ a sufficient number of adequately trained and competent medical staff to supervise her delivery, that Dr Bermingham should not have taken leave when the family had chosen private treatment and that Sonya´s pre-operative examination by Dr Khbuli was substandard.

At the High Court, the Health Service Executive (HSE) agreed that errors were made which should never have occurred and an apology was read out to the family on behalf of Waterford Regional Hospital. The court was informed that the action against Doctors Bermingham and Khbuli had been dropped and medical negligence compensation of €1.4 million had been agreed as an interim settlement of the family´s chospital obstetric negligence compensation claim.

The compensation figure is to be reviewed in two years, when Alex’s future care needs have been assessed and there may be the option of a structured settlement.

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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.

One Step Closer to Compensation for Symphysiotomy Survivors

The prospect of compensation for symphysiotomy survivors moved one step closer last night when the second stage of Caoimhghín Ó Caoláin Private Members Bill to introduce a one year window in the Statute of Limitations passed through the Dáil unopposed.

Many of the women who underwent symphysiotomy and pubiotomy procedures without their knowledge or consent were in the Dáil to hear the Sinn Féin’s Health Spokesman introduce his Bill by saying “Lifting the statute bar – unanimously recommended by the Joint Oireachtas Committee on Justice in June 2012 – would obviate procedural battles and ensure unfettered access for all to the courts. Judges here have no discretion in relation to the statute bar, as they do in other common law jurisdictions”.

The issue that faced the survivors of symphysiotomy procedures – carried out in Ireland between the 1940s and 1990s to aid childbirth as an alternative to a Caesarean Section – is that their right to claim compensation for symphysiotomy injuries was time-barred by the Statute of Limitations. Caoimhghín Ó Caoláin´s proposed legislation would open a one-year window to enable claims for compensation for symphysiotomy survivors to be processed through the courts.

The Government had already indicated that they would not oppose the proposed Private Members Bill, and Health Minister Dr. James Reilly received a warm reception when he announced that he would ensure that legislation to allow compensation for symphysiotomy survivors would be put in place by the end of the year. “Actions must bring closure for those who have been harmed, and who we cannot give back their lives,” he said. “But we can ensure resources flow to them and not elsewhere.

A spokesman for the Department of Health believes some work needs to be done on the drafting of the legislation for it to pass through the committee stage and into law, but Dr. Reilly indicated in his speech that he would brief the Government further once he receives the final independent Walsh Report.

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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.

Failed Sterilisation Compensation Awarded by High Court

The High Court has awarded a mother €100,000 for failed sterilisation compensation after the son she was never supposed to have died after only six months of life.

Karen Hurley-Ahern (41) from County Limerick, underwent the sterilisation operation in February 2001 after finding from her GP that she had an unusual blood-clotting disorder that would pose a risk to herif ever she were to fall pregnant again.

The operation was carried by gynaecologist Dr Victor Moore at the Tralee General Hospital, but in April 2002 Karen became pregnant once more and, after a difficult pregnancy, gave birth to baby Samuel on 10th October 2002 – six weeks prematurely and by emergency Caesarean section.

Samuel experienced severe abnormalities which were unrelated to Kare’s sterilisation operation, and stayed in hospital for six months – kept alive by a series of life-support machines. In April 2003, Samuel experienced a severe heart attack and Karen and her partner – Garrett Ahern – made the difficult decision to turn off the life-support machines.

After seeking legal guidance, Karen and Garrett began a claim for failed sterilisation compensation against Dr Moore and the Southern Health Board (now the Health Service Executive), for the pain and trauma the couple had been through due to the unsuccessful sterilisation procedure.

Dr Moore and the HSE did not accept liability – alleging that the operation had been performed correctly and the couple had been advised that there was a chance of failure. However, in the High Court in Dublin, Mr Justice Sean Ryan ruled in favour of the now-separated claimants – recognising that Samuel’s disability was not as a result of the failed sterilisation procedure, but stating that Karen had suffered to a major extent due to the defendant´s negligence.

Awarding Karen €100,000 in failed sterilisation compensation, Mr Justice Sean Ryan stated that the award was in respect of the worry she had suffered when she found she was pregnant, the pain of childbirth, the distress of Samuel’s illness and distress after his death. However, no compensation award was made to Garrett as – according to Mt Justice Sean Ryan – while he had undoubtedly endured emotional trauma, there was no evidence Garrett had sustained a defined psychiatric injury.

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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.

Compensation for Hospital Mismanaged Birth Approved in Court

A woman, who was starved of oxygen at birth and has suffered a lifetime of learning difficulties, has had a settlement of compensation for her hospital mismanaged birth approved at London´s Royal Courts of Justice.

Susanne Turner (45) from Wittersham in Kent was born at Buchanan Street Hospital in St Leonards-on-Sea after a delayed Caesarean operation due to neither a surgeon nor an anaesthetist being available to perform the procedure at the time. Due to this, Susanne was deprived of oxygen in the womb, unable to breathe independently when she was born and suffered severe brain damage.

Susanne´s parents – Christopher and Sandra – brought up Susanne without assistance, and unaware that they were entitled to claim compensation for the hospital mismanaged birth, until they read a magazine article which explained Susanne´s rights to compensation.

When they sought legal advice about their situation, Christopher and Sandra discovered that – as Susanne did not have the mental capacity to bring a claim for hospital mismanaged birth compensation herself – they were still within the time frame allowed to sue the South East Coast Strategic Health Authority for the negligent situation which had occurred in 1967.

After reviewing the claim for hospital mismanaged birth compensation, South East Coast Strategic Health Authority quickly admitted their liability for Susanne´s birth injury and, at the Royal Courts of Justice, issued a formal apology for the mismanagement of Susanne´s birth.

Approving the settlement of compensation for hospital mismanaged birth, which will take the form of annual payments and a lump sum payment to pay for a specially-adapted home for Susanne, judge Mrs Justice Nicola Davies paid tribute to Christopher and Sandra´s “love and devotion”. The settlement is estimated to be worth 4.2 million pounds and will provide Susanne with the care she needs for the remainder of her life.

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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.

Brain Damaged at Birth Hospital Compensation Settlement Approved

An eleven year old girl, who was starved of oxygen during her birth and is now permanently brain damaged, has had a brain damaged at birth hospital compensation settlement of 1.75 million pounds approved at the High Court.

The unnamed girl was born at West Sussex Hospital in 2000 but, during her delivery, obstetric staff did not notice signs of foetal distress. The girl is not able to walk or talk, and uses an electric scooter for mobility and a computer to communicate.

“I am constantly amazed by the triumph of hope over adversity” stated Mr Justice Butterfield, as he approved the  brain in jury at birth hospital compensation settlement against the West Sussex NHS Trust which includes an immediate lump sum payment of 1.75 million pounds and annual payments to fund a lifetime of care.

Mr Justice Butterfield also had words for the girl´s parents, stating that “The devotion and care of her parents is undoubted and we very much hope that this sum of money will provide her with the very best possible future.”

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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.

London Boy Awarded 6.6 Million Pounds for Hospital Birth Injury

A young boy, who suffered catastrophic brain damage during his delivery, has had a hospital compensation settlement package approved at London´s High Court.

Leo Whiten (7) from Tooting, London, was born in 2004 at St. George´s Hospital in Tooting but, due to the mismanagement of his birth, sustained brain damage which has left him requiring full-time care as he is unable to stand or walk by himself and has limited speech, which was described in court as non-functional.

St. George´s Healthcare NHS Trust admitted errors in respect of managing Samantha Nowell´s labour – Leo´s mother – and during his birth, and at the High Court in London, Mrs Justice Swift heard expert testimony that Leo will always be totally dependent on the care of others for his daily activities.

Announcing the hospital birth injury compensation settlement package, which consists of a 2.7 million pounds lump payment and staged annual payments, the judge stated that “Leo will never be able to live independently, will not be capable of any form of employment and will never have the necessary mental capacity to be able to manage his own affairs”.

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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.

Hospital Birth Injury Cerebral Palsy Girl Awarded 5 Million Pounds Compensation

A twelve-year-old girl, who sustained severe brain damage due to mistakes made during her delivery, has been awarded 5 million pounds in a hospital birth injury cerebral palsy compensation.

Sophie Clarke (12) from Pontyclun, Rhondda Cynon Taf, was born in 1998. However, a gross abnormality of Sophie´s heart rate was not identified, despite it registering on monitoring equipment.

If staff at the Princess of Wales Hospital had noticed Sophie´s condition, they would have intervened and delivery her by Caesarean Section. However, they permitted the birth to continue naturally, causing Sophie to suffer from a lack of oxygen in the womb.

Sophie suffers from traumatic cerebral palsy as a result of the errors made at the hospital and now needs twenty-four hour care, is fed via a tube and is confined to a wheelchair.

Solicitors acting for the family sued the Abertawe Bro Morgannwg University Health Board for negligence, and in a hearing at Cardiff Crown Court the negotiated settlement of 5 million pounds was approved.

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