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

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.

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