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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.

HSE Open Disclosure Policy Not Being Applied Claims Examiner

The Irish Examiner has published an Op-Ed in which it is claimed the HSE open disclosure policy has a long way to go before being put into practice.

The HSE open disclosure policy of communicating to patients and their families when “things go wrong” with the standard of healthcare delivered to them has been in force since November 2013. Yet, according to an editorial opinion published in the Irish Examiner, although the policy is good in theory, it is not being put into practise in Ireland´s hospitals.

The author of the Op-Ed, Catherine Shanahan, supports her claim that the HSE open disclosure policy is not being applied with details of seven high profile medical negligence claims from 2015. These cases demonstrate how the Health Service Executive is failing to own up to mistakes and forcing patients families to go to court to get the truth about the standard of care they received.

The case of Gill Russell is possibly the one most people will remember because of the subsequent actions of the State Claims Agency. Gill was born in 2006 suffering from cerebral palsy after a “prolonged and totally chaotic” delivery during which he was starved of oxygen in the womb. It was not until 2012 that the family received an apology from the HSE and an interim settlement of compensation was approved.

Due to the fact that no system of periodic payments has been introduced, Gill´s family returned to the High Court in December 2014 and were awarded a €13.5 million lump sum settlement – the largest ever award of compensation for cerebral palsy. The State Claims Agency appealed the value of the settlement and, in November 2014, the appeal was rejected. Yet the State Claims Agency plans to take the case to the Supreme Court – depriving Gill´s family of much needed funds to pay for his care.

Other cases used as examples that the HSE open disclosure policy is not being applied included the case of Skye Worthington, whose family waited almost four years before receiving an apology for their daughter´s mismanaged birth, and Katie Manton – another little girl who suffers from cerebral palsy due to a mismanaged birth. In Katie´s case, her parents waited four years for an admission of liability and seven years for an apology. The apology was described as “too little, too late” by Katie´s father.

Throughout the remaining examples in Ms Shanahan´s article, it becomes abundantly clear that the HSE open disclosure policy is not being applied and the volume of money devising the policy and distributing booklets to patients and medical professionals has just been another huge Health Service waste at the expense of the taxpayer.

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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.

Award of High Court Compensation for Cerebral Palsy Upheld on Appeal

An award of High Court compensation for cerebral palsy has been upheld on appeal, but the case may still have to go before the Supreme Court to be resolved.

On 12th July 2006, Gill Russell from Aghada in County Cork was born suffering from dyskinetic cerebral palsy following a “prolonged and totally chaotic” delivery at the Erinville Hospital. On her son´s behalf, Karen Russell made a medical negligence compensation claim against the Health Service Executive (HSE) and, after liability had been admitted, Gill was awarded an interim settlement of High Court compensation for cerebral palsy.

In December 2014, the medical negligence compensation claim against the HSE was resolved €13.5 million – the largest ever award of High Court compensation for cerebral palsy. The HSE appealed the settlement of the claim – arguing that Mr Justice Kevin Cross had used a lower rate of interest than was traditionally used in Irish courts to calculate the return to investment of the lump sum.

However, earlier this week at the Appeals Court, a three-judge panel upheld the settlement of High Court compensation for cerebral palsy. The judges said that using the higher rate of interest would result in a catastrophically injured person having to take “unjust and unacceptable” risks with the investment of the lump sum to ensure their financial security.

One of the three-judge panel – Ms Justice Mary Irvine – said it was not the courts´ function to decide how a claimant was likely to invest their award for the purposes of determining its value. She added that the Russell family and the HSE would not be in this position had the government not failed to introduce legislation that would permit structured periodic payments.

The decision of the Appeal Court judges is unlikely to resolve the medical negligence compensation claim against the HSE. Warning that the calculation of High Court compensation for cerebral palsy set a precedent that could cost the State Claims Agency and the insurance industry up to €10 billion over the next decade, the HSE has indicated that it will take the case to the Supreme Court.

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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.

Organisation Calls for more Openness in Hospital Negligence Claims

The Medical Injuries Alliance has repeated its call for “Duty of Candour” legislation so that there is more openness in hospital negligence claims.

The Medical Injuries Alliance is an organisation that works with patients injured by medical mistakes to get answers about how the injuries occurred. Among the organisation´s objectives is the promotion of studies that help to understand the why medical mistakes occur, so that safety improvements in Irish hospitals can be made.

In order to meet their objectives, the Alliance has repeatedly called for politicians to introduce “Duty of Candour” legislation – legislation that would promote openness in hospital negligence claims by forcing healthcare professionals and Irish hospitals to admit when medical mistakes have been made, to explain why they happened, and to issue an apology immediately.

The Alliance has already issued a statement on its website that “the duty of candour in hospitals and doctors should be placed on a statutory footing, entitling injured patients to an accurate account of how they came to suffer medical injury in Irish hospitals”, and, to repeat its call for more openness in hospital negligence claims, the message has now been taken to the press.

Last week an article appeared in the Irish Times commenting on a cerebral palsy claim that took nine years to resolve due to a lack of openness in hospital negligence claims and alleged “stonewalling” by the Health Service Executive (HSE). The article concluded by saying that duty of candour laws were introduced in the UK last year, and that similar legislation is clearly needed in Ireland.

In response to that article, a letter from the Secretary of the Medical Injuries Alliance – Joice McCarthy – was published. In the letter, Ms McCarthy agreed with the comments within the article and made her own observations that many victims of hospital negligence are forced to take legal action to get the answers to the questions that healthcare professionals and hospitals are unwilling to give.

Ms McCarthy commented that patients who have been through the legal process describe it as a stressful and protracted experience, and she alluded to the recent “shabby episode” in which there was a disagreement between the HSE and the State Claims Agency about who was responsible for delays in settling a six-year hospital negligence claim. Ms McCarthy concluded her letter:

“Instead of blaming any particular State organisation, or indeed having different State organisations blame one another for the current difficulties, it is high time politicians simply acted to introduce a legal duty of candour in order to fix what seems to be a glaringly obvious problem”.

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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.

Judge Calls for Structured Payment Systems for Hospital Negligence Compensation Settlements

A High Court judge has called for the introduction of structured payment systems for hospital negligence compensation settlements.

Over the years, a number of high-profile High Court judges have commented that legislation needs to be passed to enable structured payment systems for hospital negligence compensation settlements. Mr Justice John Quirke, Ms Justice Mary Irvine and Mr Justice Iarfhlaith O´Neill have previously said that settlements of hospital negligence compensation can be a lottery when they are awarded on the basis of the anticipated life expectancy of a catastrophically injured plaintiff.

Last month another high-profile High Court judge, Mr Justice Bernard Barton, added his voice to those calling for structured payments systems for hospital negligence compensation settlements when presiding over O’Neill vs National Maternity Hospital – a case in which the National Maternity Hospital wants to make an interim settlement of compensation, but the “next friend” of the plaintiff wants a full settlement.

The case revolves around a young girl, who was born at the National Maternity Hospital in 2007 suffering from cerebral palsy due to hospital negligence. Although liability has been admitted by the National Maternity Hospital, the case was before Judge Barton because the two parties cannot agree on how much hospital negligence the child is entitled to.

There are considerable differences of opinion between how much should be awarded for the girl´s future needs and future loss of earnings, and the National Maternity Hospital proposed an interim settlement of compensation with a review to be conducted over the next ten years to obtain a more accurate settlement figure. The girl´s “next friend” (her mother) declined the interim settlement on the grounds of the potential psychological harm she might suffer during ten years of assessments.

Both parties – and Judge Barton – agree that if structured payments systems for hospital negligence compensation settlements were introduced, it would be a far better way to resolve disputes over how much compensation a catastrophically injured plaintiff should receive. The negotiations continue under the watchful eye of Judge Barton, and it is hoped that an agreement settlement of hospital negligence compensation can be reached in the near future.

Read More

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.

Claim for the Inappropriate Use of Syntocinon Heard in Court

The High Court has heard details of a claim for the inappropriate use of Syntocinon during labour, which resulted in a baby being born with kinetic cerebral palsy.

On 20th July 2007,Patrick Brannigan was born by emergency Caesarean Section at Cavan General Hospital after his mother had been administered Syntocinon to speed up her labour (you can read about the risks associated with Syntocinon here).

The synthetic drug was administered despite a CTG trace showing that Patrick was in distress in the womb and, rather than help facilitate his delivery, the Syntocinon had the effect of depriving Patrick of oxygen.

Patrick was born suffering from dyskinetic cerebral palsy. Now seven years of age, Patrick is confined to a wheelchair and has no means of communication. He is cared for full-time by his parents and will never be able to lead an independent life.

Through his mother – Niamh Brannigan of Castleblayeny, County Monaghan – Patrick made a claim for the inappropriate use of Syntocinon during his mother´s labour, alleging that medical staff at Cavan General Hospital mismanaged his birth.

Cavan General Hospital acknowledged that the drug should never have been administered when there were signs of foetal distress and apologised to the family. A €2.1 million interim settlement of Patrick´s claim for the inappropriate use of Syntocinon was agreed, subject to approval by a judge.

Earlier this week at the High Court in Dublin, the circumstances leading up to Patrick´s birth were related to Mr Justice Kevin Cross. Judge Cross heard that Patrick is a cheerful, good humoured boy before approving the interim settlement of compensation.

The judge then adjourned the claim for the inappropriate use of Syntocinon for three years in order that reports could be compiled into Patrick´s future needs. It is hoped that legislation is passed within the next three years in order that a periodic payment structure can be used to resolve Patrick´s claim for the inappropriate use of Syntocinon.

Read More

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.

High Court Approves Compensation for a Mismanaged Birth at Waterford Regional Hospital

The High Court has approved a €2 million interim settlement of compensation for a mismanaged birth at Waterford Regional Hospital in favour of a four-year-old boy with cerebral palsy.

On July 9th 2010, Kevin Dunphy-English from Mooncoin in County Kilkenny was born at the Waterford Regional Hospital “neurologically compromised”. Kevin spent twenty-four days in intensive care, has been diagnosed with cerebral palsy, and can only walk short distances. Doctors say that he will be reliant on a wheelchair when he grows older.

Through his mother – Jane – Kevin made a claim for compensation for a mismanaged birth at Waterford Regional Hospital. In the legal action against the Health Service Executive (HSE) it was noted that a foetal blood sample had been taken at 1:40am and that a deceleration of the foetal heart rate was recorded at 2:30am.

It was alleged that if a further foetal blood sample had been taken subsequent to the deceleration of the foetal heart rate, a decision would have been made to intervene in Kevin´s birth earlier. A subsequent investigation into Kevin´s birth found that his cerebral palsy injury could have been prevented if he had been delivered an hour earlier.

The HSE accepted that there had been a mismanagement of Kevin´s birth at the Waterford Regional Hospital by failing to deliver him in good time. The HSE conceded liability in Kevin´s claim and settled claims made for nervous shock by both of Kevin´s parents. The claim for the mismanaged birth at Waterford Regional Hospital then proceeded to the High Court for the assessment of damages.

Prior to the High Court hearing, Mr Justice Kevin Cross met with Kevin in his chambers. The judge was told that Kevin is doing well at pre-school and it is hoped he will be in a mainstream class when he goes to school full time. Judge Cross described Kevin as “a lovely little lad”, and he commended the efforts that the boy´s parents had put in to raising him.

Judge Cross awarded Kevin €2 million as an interim settlement of compensation for a mismanaged birth at Waterford Regional Hospital, and adjourned the case for five years so that an assessment of Kevin´s future needs can be conducted. Once the assessment is completed, Kevin´s parents will have the choice of a lump sum settlement or a structured settlement if legislation is passed in time to allow for periodic payments.

Read More

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.

Court Approves Third Interim Settlement of Claim for Birth Injuries Compensation for 19-Year-Old

A third interim settlement of a claim for birth injuries compensation has been approved at the High Court after a judge refused a request for a final payment to be made.

Nineteen-year-old Connor Corroon from Mallow in County Cork was born on February 6th 1995 at the Cork City General Hospital having been starved of oxygen in the womb. As a result of the hospital´s negligence, Connor now suffers from cerebral palsy and is permanently disabled.

On her son´s behalf Judith Corroon made a claim for birth injuries compensation against the hospital and, in 2010, Connor became the first plaintiff to be awarded an interim settlement of compensation instead of a lump sum payment pending legislation to introduce a system of periodic payments.

Connor received a second interim settlement of his claim for birth injuries last year and was due to receive a third interim settlement as legislation for periodic payments is yet to be introduced. On Connor´s behalf, Judith requested that this third payment be a final lump sum settlement her son has to undergo a series of assessments prior to the interim settlements being approved.

At the High Court, Judith told Mr Justice Bernard Barton that she wanted Connor to be able to get on with his life and not have it constantly interrupted for assessments by different experts. She felt that Connor was “in a fishbowl” each time experts came to assess his needs and said that she was hoping Connor would be able to go to college despite his disability.

However Judge Barton denied Judith´s request for a lump sum payment; stating that were he to approve a full and final payment and the funds ran out later in Connor´s life, it would be catastrophic for Connor. The judge approved a third interim settlement of Connor´s claim for birth injuries compensation – explaining that he had recently received a consultation paper relating to the proposed Civil Liability (Amendment) Bill.

The Civil Liability (Amendment) Bill is an act of legislation proposed by the Department of Justice that aims to introduce a system of periodic payments next year. The judge said that a periodic payment system would be in Connor´s best interests, and he adjourned the hearing for a further five years.

Read More

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.

Interim Payment of Compensation for Birth Injuries at Waterford Regional Hospital Approved in Court

A High Court judge has approved a €2 million interim payment of compensation for the family of a child who suffered birth injuries at the Waterford Regional Hospital due to the negligence of medical staff.

In January 2010,Dylan Kenny was born at the Waterford Regional Hospital after an avoidable delay in his delivery which left him deprived of oxygen in the womb. Dylan now suffers from cerebral palsy, has difficulty communicating and is unable to walk independently.

On behalf of their son, Dylan´s parents – Claire O´Brien and Lloyd Kenny -made a compensation claim for birth injuries against the Waterford Regional Hospital, alleging that there had been a failure to monitor Dylan´s foetal heart rate during Claire´s labour or act within a reasonable time to signs of foetal distress and hypoxia.

It was claimed that Dylan´s birth injuries would not have been so severe had medical staff at the Waterford Regional Hospital been more diligent and, in June this year, the Health Service Executive (HSE) admitted that errors had been made in the management of Claire´s labour, acknowledged liability for Dylan´s birth injuries and issued the family with an apology.

Mr Justice John Cook at the High Court was told that the case was before him for the approval of a €2 million interim settlement of compensation for birth injuries at Waterford Regional Hospital, and heard that the interim settlement was to provide care for Dylan for the next three years.

Within the next three years, an assessment will be carried out on Dylan´s future needs and a further interim payment of compensation for birth injuries at Waterford Regional Hospital will be applied for if a structured compensation scheme has not been introduced.

After hearing that Dylan´s parents were satisfied with the interim payment, and preferred it to the lump sum settlement requested by the State Claims Agency, Judge Cook approved the interim payment and adjourned the case.

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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.

Interim Settlement of Compensation for Failing to Act on CTG Readings Approved in Court

A judge has approved a second interim settlement of compensation for failing to act on CTG readings in favour of a boy who suffers from cerebral palsy due to being starved of oxygen in the womb.

Eight-year-old Luke Miggin from Athboy in County Meath was born at the Mullingar General Hospital in February 2006 after having been starved of oxygen in the womb due to his mother´s obstetric consultant – Mr Michael Gannon – failing to act on CTG readings which indicated a deceleration of the foetal heartbeat.

After he was born, Luke was resuscitated and transferred to a special care baby unit, but he was diagnosed with cerebral palsy and now needs 24/7 specialist care as he is unable to walk or take care of his personal needs.

Luke´s mother – Emily Miggin – made a claim for compensation for failing to act on CTG readings against Gannon and the Health Service Executive, and in 2010 liability was admitted for Luke´s injuries. An initial interim settlement of compensation was approved by Mr Justice John Quirke, who adjourned the case for three years to allow time for legislation to pass which would allow for a more suitable structured settlement.

Unfortunately such legislation has not yet been introduced and, at the High Court in Dublin, Ms Justice Mary Irvine was critical of former Ministers of Justice for failing to deliver on their promises of periodic payments for victims of catastrophic medical negligence. Judge Irvine said that the lack of a structured settlement system prevented families such as the Miggins from being able to get on with their lives when there was ongoing litigation.

The judge approved a second interim settlement of compensation for failing to act on CTG readings and adjourned Luke´s case for a further three years when his needs will be re-assessed and  a structured settlement system might be in place.

Read More

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.

Interim Cerebral Palsy Compensation Settlement Approved by Judge after High Court Hearing

A €1.5 million interim cerebral palsy compensation settlement has approved in the High Court in favour of a County Mayo teenager who suffered severe birth injuries due to alleged hospital negligence.

Mary Malee (14) was born at the Mayo General Hospital on 11th October 1999 by emergency Caesarean section after there had been an alleged avoidable delay in finding a consultant to assist with the delivery and a claimed breakdown in communicating a deceleration of the foetal heart rate.

When Mary was born, a lack of oxygen in the womb resulted from her sustaining cerebral palsy, and she is now cared for full-time by her parents – although able to attend a mainstream school, from where she hopes to go to university.

Through her mother – Maura Malee of Swinford, County Mayo – Mary made a claim for cerebral palsy compensation against the Mayo General Hospital and the Health Service Executive (HSE).

In the claim it was alleged that there had been a failure to intervene and initiate a Caesarean section delivery in an appropriate timeframe when it became apparent that Mary was suffering distress in the womb and likely to need resuscitation.

Mayo General Hospital and the HSE both denied their liability for Mary´s cerebral palsy; but agreed to an interim cerebral palsy compensation settlement of €1.5 million, with a further assessment of Mary´s needs to be made within two years pending the introduction of structured compensation payments.

At the High Court, Ms Justice Mary Irvine heard that Mary´s mother had attended the consultant who had delivered her three previous children just days before Mary was born. The consultant was about to start treatment for cancer and would be unavailable for Mary´s delivery; but he told Maura that arrangements would be made for another consultant to be present.

When Maura saw her family doctor the following day, he told her to go to hospital immediately as she was displaying symptoms of pre-eclampsia. On arrival at the hospital, Maura was transferred to the labour ward, where she underwent a CTG which revealed a series of decelerations shortly before 6:00am.

A consultant who was called at the time was unavailable to attend for the Caesarean operation, and a second consultant arrived shortly before 7:00am. According to evidence given in court, there was an alleged failure of communication in relation to the severity of Maura´s condition, and the Caesarean procedure did not get underway until after 7:20am.

In court, Mary´s legal representatives told Judge Irvine that had the procedure been started earlier, Mary´s cerebral palsy injuries could have been prevented. Subsequently Mary read out a statement in which she commented “It would have been appreciated had the HSE/Mayo General Hospital said they were sorry”, after which Judge Irvine approved the interim settlement of compensation for a delayed delivery and adjourned the case.

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