Courts

Cork girl (5) receives further €3m interim payment over post-birth care

Triplet Maja Moldysz, from Fermoy, was born healthy but suffered catastrophic injuries 22 hours after birth, court hears

Maja, counsel told the court, has spastic quadriplegia and is severely disabled both physically and intellectually.

Fri Jul 14 2023 - 17:56

A five-year-old girl who sued over care she received at Cork University Maternity Hospital after her birth has secured a further €3 million in settlement of her action.

Maja Moldysz, from Fermoy, Co Cork, a triplet, was born healthy at the hospital but suffered catastrophic injuries 22 hours after her birth, the High Court heard. Her claims were denied.

Her counsel told the court it was their case that, while an apparatus for intravenous fluids was being set up for the baby, air escaped to her heart and brain and she “suffered catastrophic injuries”.

An investigation that took place in CUMH following the incident recommended all neonatal nursing staff in the hospital should participate in a programme regarding preparation and administration of IV fluids, including infusion pump training.

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Maja, counsel told the court, has spastic quadriplegia and is severely disabled both physically and intellectually. He said she is cherished by her family who have brought her for intensive therapy in Poland.

Two years ago CUMH apologised to Maja’s family when her case first came before the court and she received an €887,200 interim payment at that time as her case settled against the HSE.

When her case came back before the High Court this week, and an interim settlement for the next five years was ruled, her mother, Agnieszka Moldysz, told the court she was grateful for her legal team “who fought a relentless fight for Maja”.

“Sadly nothing will revert the injuries. However, the funds will provide therapeutic input and suitable accommodation for her and make her life comfortable,” she said on Friday.

In a letter of apology previously read to the court, the hospital said a review showed aspects of the care Maja received did not reach the standards that should have been expected and it unreservedly apologised.

It read: “I write to you on behalf of Cork University Maternity Hospital to sincerely apologise for the incident that occurred on July 5th, 2018, while Maja was under our care.”

Maja had through her mother sued the HSE over her care after her birth.

Maja was born on July 4th, 2018, at the Cork hospital and after her birth was in reasonably good condition and breathing independently.

It was claimed that the day after her birth when an apparatus was being placed for intravenous fluid administration, air was allegedly caused to enter her venous system which, it is claimed, later resulted in an air bubble travelling to the baby’s heart and brain and she suffered acute cardio respiratory arrest and profound brain damage.

It was claimed that air was caused to enter the baby’s vein system at or around the time of the placement of the apparatus for the IV fluid administration.

The claims were denied.

Approving the latest interim payment of €3 million on Friday, Mr Justice Paul Coffey wished Maja and her family the very best for the future.

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