Cerebral Palsy due to Hospital Negligence Archives

Discovering that your child has suffered brain damage during their birth is devastating. When it is suggested that the injury to your child could have been avoided with greater care, it is understandable that any parent would be angry and demand answers to why their child suffered unnecessarily.

A compensation claim for cerebral palsy due to hospital negligence enables parents to get the answers to their questions. However, it still has to be proven that “at the time and in the circumstances” the standard of care received by mother and child fell below that which is accepted in the medical community.

For advice about establishing negligence and the procedures for claiming compensation for cerebral palsy due to hospital negligence, you are invited to contact our Freephone Advice Line and speak with a medical negligence solicitor. Our solicitor will provide practical and impartial information about claims for cerebral palsy due to hospital negligence and advise you of the next steps you should take.

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.

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.

Aug 03 2017

Judge Approves Settlement of Cerebral Palsy Claim for Compensation

Cerebral Palsy due to Hospital Negligence, Hospital Medical Negligence

A judge at the High Court has approved the settlement of a cerebral palsy claim for compensation that took eight years to resolve.

The cerebral palsy claim for compensation was made on behalf of a boy born at Cork University Hospital on August 11th 2008. Due to a multiple failures on the day of his delivery – and an avoidable delay in acting on a telling CTG trace – the boy suffered unrecognised foetal distress and was starved on oxygen in his mother´s womb.

As a result of hospital negligence, the boy was born with cerebral palsy. Now almost nine years of age, he suffers daily seizures due to his epilepsy, is confined to a wheelchair and has cognitive impairments that will prevent him from ever leading an independent life. He requires around-the-clock care which, until recently, was provided for him by his parents.

On their son´s behalf, his parents made a cerebral palsy claim for compensation against Cork University Hospital and the HSE. The HSE denied liability for the boy´s birth injuries until February, at which point legal representatives from both parties agreed a €15 million settlement of boy´s claim that will ensure his financial future and provide him with the care he needs for the rest of his expected life.

The details of the settlement were related to Mr Justice Kevin Cross at the High Court, who – after hearing an impact statement read to the court by the boy´s mother – ordered that $720,000 of the settlement be paid to the boy´s parents in special damages. The remainder will be paid into court to be managed on the boy´s behalf. The boy will also become a ward of court.

An apology from the Cork University Hospital was also read to the court before the judge formally approved the settlement of the cerebral palsy claim for compensation. The judge closed the approval hearing by saying that the settlement was a good one and by wishing the boy and his family well for the future.

Mar 21 2017

Details of Claim against the HSE for a Brain Injury at Birth Heard in Court

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

Details of a claim against the HSE for a brain injury at birth have been heard in the High Court prior to the approval of a €15 million lump sum settlement.

The claim against the HSE for a brain injury at birth was made on behalf of a ten-year-old boy, whose birth on May 25th 2006 at Kerry general Hospital was avoidably delayed by more than two hours. Due to a series of systematic failings, the boy was starved of oxygen in the womb and diagnosed with mixed dyskinetic spastic cerebral palsy shortly after he was born.

Among the series of failings related to Mr Justice Peter Kelly at the High Court were the failure to act on a CTG trace indicating foetal distress, the failure to consider foetal hypoxia, and the inform the consultant obstetrician about a worrying pattern developing in the foetal heart rate. Now ten years of age, the boy cannot speak, is confined to a wheelchair and requires around the clock care.

The judge also heard that the HSE failed to admit liability for almost nine years despite a consultant admitting to the boy´s parents in 2006 that mistakes had been made. During this time, the boy´s parents had to care for him without the support usually provided for parents of children with cerebral palsy. This was not lost on Judge Kelly, who paid tribute to the boy´s parents for the care they had provided.

Eventually, the judge was told, the HSE only admitted liability after being threatened with aggravated damages. A €2.7 million interim settlement of the claim against the HSE for a brain injury at birth was approved in early 2015, and the lump sum payment he was being asked to approve was a final payment that would be held and managed by the courts.

Judge Kelly described the €15 million lump sum settlement as making “commercial, common and legal sense”. He approved the settlement of the claim against the HSE for a brain injury at birth, adding that while no amount of money could compensate the boy and his family for what they had experience, it was the only form of redress the law could provide. The judge closed the hearing by saying he hoped the settlement would give the family peace of mind for the future.

Jan 27 2017

Judge Approves Interim Settlement of Compensation for an Avoidable Delayed Birth

Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence

A judge at the High Court has approved an interim settlement of compensation for an avoidable delayed birth in favour of a six-year-old boy.

The claim for compensation for an avoidable delayed birth was made by the mother of a six-year-old boy from Ballaghaderreen in County Roscommon, who was born at Sligo General Hospital in May 2010.

It was alleged in the claim that a CTG trace taken at 5:30pm showed signs of foetal distress. However, rather than arrange his emergency C-Section delivery within a reasonable timeframe, his birth was avoidably delayed by more than two hours.

As a result of the avoidable delay, the boy was starved of oxygen and born with cerebral palsy. He now lives in Canada with his family and, although being described in court as a sociable and happy child, he suffers from a right-sided deficit.

Through his mother, the boy claimed compensation for an avoidable delayed birth. Acting on behalf of Sligo General Hospital, the Health Service Executive (HSE) was quick to acknowledge responsibility for the boy´s birth injuries and negotiations began to settle the claim.

During mediation, as well as discussing how much compensation for an avoidable delayed birth the boy was entitled to, senior HSE officials apologised to the family for the failings that led to the avoidable delay and explained how the failings happened.

It was agreed that the HSE should pay an interim €740,000 settlement of compensation to cover the costs of the boy´s past care and the care he will need over the next five years. As the claim was made on behalf of a child, it was presented to Mr Justice Kevin Cross at the High Court for approval.

At the approval hearing, Judge Cross was told the circumstances of the boy´s birth and the details of the interim settlement of compensation. In addition to praising the boy´s parents for the care they had provided over the past six years, he also commented of the HSE´s cooperation in resolving the claim.

Saying that an apology and an explanation was “absolutely something to be encouraged”, Judge Cross approved the interim settlement of compensation for an avoidable delayed birth and adjourned the case for five years to allow reports to be compiled on the boy´s future needs.

Dec 24 2016

Claim for the Failure to Diagnose Vasa Praevia Complications Heard at Court

Cerebral Palsy due to Hospital Negligence, Hospital Medical Negligence

The High Court has approved a €1.98 million interim settlement of compensation after hearing a claim for the failure to diagnose vasa praevia complications.

In October 2010, a mother from Midleton in County Cork gave birth to twin boys by emergency Caesarean Section at Cork University Maternity Hospital. One of the twins was born in good health, while the second was delivered in a poor condition due to suffering foetal distress in the womb. He was subsequently diagnosed with spastic diplegic cerebral palsy.

On her son´s behalf, the woman made a claim for the failure to diagnose vasa praevia complications during her pregnancy – a scenario in which the foetal blood vessels cross or run near the internal opening of the uterus – alleging that scans conducted the previous June and September revealed a low-lying placenta.

The Cork University Maternity Hospital and Health Service Executive (HSE) denied the allegations, stating that it was not normal practice to conduct further investigations to identify or eliminate the risk of vasa praevia complications. However, an interim settlement of compensation was agreed without an admission of liability.

As the claim for the failure to diagnose vasa praevia complications had been made on behalf of a child, the interim settlement of compensation had to be approved by a court to ensure it was in the boy´s best interests. The approval hearing took place earlier this week, when the court was told about the circumstances leading up to the boy´s birth and the alleged failure to exercise reasonable care at the antenatal stage of the pregnancy.

The court also heard how, in 2014, the boy – now six years of age – had won a National Children of Courage Award, and that last year his family and friends raised funds so that the boy could be flown to Missouri for Selective Dorsal Rhizotomy surgery. Since the surgery the boy has been able to walk for the first time, but he still needs concentrated physiotherapy, speech, language and occupational therapy.

The High Court approved the interim settlement of the claim for the failure to diagnose vasa praevia complications and adjourned the case for five years. In five years´ time, more will be known about the boy´s future needs, and the family will have the options of a further interim settlement or a lump sum settlement if a system of periodic compensation payments is not yet put in place.

Sep 14 2016

Health Minister Announces Review of Medical Negligence Claims Process

Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence, Wrongful Death due to Hospital Negligence

Simon Harris has announced that one of the roles of the new National Patient Safety Office will be to review the current medical negligence claims process.

The Health Minister announced the establishment of the National Patient Safety Office while addressing delegates at a patient safety conference in Dublin on Monday. Mr Harris said that, under the auspices of the Department of Justice and Equality, the new Office would “lead a program of significant patient safety measures”.

Among its roles, the National Patient Safety Office will be responsible for establishing a national patient advocacy service, the introduction of a patient safety surveillance system and the setting up of a national advisory council for patient safety. It has also been charged with conducting a review of the medical negligence claims process.

The review of the medical negligence claims process is hoped to progress the Health Information and Patient Safety Bill – a bill that proposes the open disclosure of adverse medical events to patients and their families. Although the HSE produced national guidelines for open disclosure in 2013, subsequent events have demonstrated that the guidelines are not being applied in Irish hospitals.

Patient safety campaigners and leading legal figures have been seeking a review of the medical negligence claims process for years. They claim that without a statutory duty of candour, any new medical negligence claims process is unworkable and criticise former Health Minister Leo Varadkar for missing an opportunity to enforce open disclosure in the Civil Liberty (Amendment) Bill 2015.

Other proposals in the Health Information and Patient Safety Bill include preventing the unauthorised disclosure of patient health information, using modern technology to facilitate the safe exchange of healthcare data, and extending the Health Information and Quality Authority´s (HIQA´s) remit to private health service providers. Unfortunately the measures are unlikely to be introduced until the EU´s revision of its data protection regulations are finalised.

May 04 2016

Final Settlement of Cerebral Palsy Compensation Approved at Court

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

A €5.56 million final settlement of cerebral palsy compensation has been approved in favour of a girl who suffered brain damage due to her delayed delivery.

On 11^th October 1999, Mary Malee was born at the Mayo General Hospital by emergency Caesarean section after becoming distressed in the womb. As there was no consultant being available to assist with the delivery, Mary´s birth was delayed by eighty minutes. Mary was deprived of oxygen during the avoidable delay and sustained brain damage – due to which she now suffers from cerebral palsy and is confined to a wheelchair.

On her daughter´s behalf, Maura Malee from Swinford, County Mayo claimed a settlement of cerebral palsy compensation from Mayo General Hospital. In her legal action, Maura alleged that there had been a failure by the hospital to ensure a consultant was available once a deceleration of the foetal heart rate had been identified. The hospital´s negligence – Maura alleged – had led to the failure to deliver Mary in a timely manner.

In early 2014, an interim settlement of cerebral palsy compensation amounting to €1.5 million was approved by Ms Justice Mary Irvine. Judge Irvine then adjourned the case for two years to allow time for a system of periodic payments to be introduced. As no such system has yet been introduced, Mary and her parents returned to the High Court last week to attend a hearing to approve a €5.56 final settlement of cerebral palsy compensation.

At the hearing before Mr Justice Peter Kelly, the court heard a statement read to Mary in which representatives of the Mayo General Hospital apologised 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”. The judge approved the final settlement of cerebral palsy compensation – describing Mary as “heroic” for the challenges she has overcome so far in her life.

After her final settlement of cerebral palsy compensation had been approved, Mary 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”.

Apr 18 2016

Final Settlement of Compensation for the Failure to Refer Approved in Court

Cerebral Palsy due to Hospital Negligence, Doctor Malpractice in Hospital

A final settlement of compensation for the failure to refer a pregnant mother with an alarming rise in blood antibodies has been approved in the High Court.

Isabelle “Izzy” Sheehan was born on 29th November 2004 in the Bon Secours Maternity Hospital in Cork suffering from severe spastic quadriparetic cerebral palsy. One month before her birth, a blood test on Isabelle´s mother – Catherine – had revealed an “alarming rise” in blood antibodies that presented a risk of injury to the unborn child; however, consultant obstetrician Dr David Corr had failed to refer Catherine to specialist in foetal medicine.

Now eleven years of age, and despite being described as “bright and intelligent”, Isabelle has difficulty in communicating. Isabelle has a specially-equipped machine that helps her to walk and she attends a Gaelscoil near her home in Mallow in County Cork where she has learned a few words in Irish, but she will required full-time care for the rest of her life.

Liability for Isabelle´s tragic condition was admitted by Dr Corr after Catherine had claimed compensation for the failure to refer her to a specialist. The consultant obstetrician said he “very much regrets the outcome in relation to Isabelle´s birth” during a hearing to approve an initial interim settlement of compensation in October 2011.

A second interim settlement of compensation for the failure to refer was approved in 2013 and – due for a further interim settlement of compensation – Isabelle´s mother asked for a final lump sum payment in order to avoid the disruption to Isabelle´s life in the weeks leading up to each assessment of her needs.

The request for a lump sum payment was granted and, approving the final settlement of €9 million compensation for the failure to refer Catherine to a specialist, High Court President Mr Justice Peter Kelly said it was a fair and reasonable settlement and underscored the necessity for the introduction of a periodic payments scheme.

Agreeing it was understandable that Isabelle’s parents were weary with interim settlements, Mr Justice Kelly paid tribute to Catherine and Colm Sheehan – saying that Isabelle would not have made the progress she had without the “truly remarkable” love, care and attention they have lavished on her.

Feb 12 2016

Court Approves Settlement of Compensation for a Delayed C-Section Birth

Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

The High Court has approved a €3 million interim settlement of compensation for a delayed C-Section birth in favour of an eleven-year boy.

Mohammad Daud Assad was born on 20 February 2004 at the Rotunda Hospital by emergency Caesarean Section after a deterioration in the foetal heart rate had been recorded. Due to being deprived of oxygen in the womb, Mohammad needed resuscitating after his birth.

During his foetal distress, Mohammad sustained severe brain damage. Suffering from cerebral palsy, Mohammad has both mental and physical disabilities and is unable to speak. Due to his birth injury, Mohammad will need full-time care for the remainder of his life.

On her son´s behalf, Alia Muryem Assad claimed compensation for a delayed C-Section birth against the Rotunda Hospital – alleging that the reduction of the foetal heart rate had been identified hours before Mohammad´s delivery, but the hospital failed to summon an obstetrician in a timely manner.

It was also alleged that had been a failure by the hospital to properly assess Alia and consider a failing of the placental function after she attended the hospital ten days overdue at 9:00am in the morning. Mohammad was not delivered until 10:30pm that evening.

At the High Court in Dublin, Mr Justice Kevin Cross was told the Rotunda Hospital had only acknowledged liability for failings in Alia´s care two weeks ago. He also heard that an interim settlement of €3 million compensation for a delayed C-Section birth had been agreed.

After hearing that Mohammad attended mainstream school and enjoyed music, Judge Cross approved the interim settlement of compensation for a delayed C-Section birth. The judge commented that the way in which Mohammad´s family had rallied round to help his parents “restored one´s faith in humanity” before adjourning the case for six years – when an assessment of Mohammad´s future needs will be conducted.

Archive for Category: Cerebral Palsy due to Hospital Negligence

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