A YOUNG man with cerebral palsy has secured €3.75 million in settlement of his High Court action over alleged negligence in the circumstances of his birth at Mullingar General Hospital.
The settlement was made without admission of liability.
Seán Byrne (17) had sued the HSE through his mother Joan Byrne, Grange Heights, Mullingar, Co Westmeath.
The HSE denied liability.
Approving the settlement yesterday, Ms Justice Mary Irvine said there were many questions concerning causation of the injuries suffered by Mr Byrne and the settlement was "excellent". Ms Byrne earlier told the judge she was very happy with the settlement.
Earlier, when recommending the settlement offer, Denis McCullough SC, for Seán, said he had concerns about the causation issue if the case proceeded to hearing.
Mr McCullough said his case was that if Seán had been delivered 11 hours earlier by Caesarean section, he would have been "spared" brain damage.
The court was told Seán was born on March 23rd, 1994, at Mullingar General Hospital.
It was alleged the hospital failed to monitor the foetal heartbeat adequately and failed to ensure the child was delivered by Caesarean section or otherwise at the first available opportunity.
It was claimed there was a failure to recognise abnormal rhythms of the foetal heart in a CTG (cardiotocograph) trace and a failure to call in a consultant or doctor of sufficient experience to read the results of the foetal monitoring. It was also claimed labour was permitted to continue despite the abnormal CTG traces.
As a result of the alleged negligence, the infant Seán was severely neurologically impaired, with cerebral palsy affecting the left side of his body, it was claimed.
The court was told epilepsy was the worst aspect of Seán's condition and he fell and hurt himself from time to time.
He could walk, run and play football and was in the mild range of cerebral palsy.
Outside court, Ms Byrne said the family were relieved at the settlement.
"It has been a hard fight but I am delighted with the result. It gives security for Seán's future and takes a lot of the pressure and anxiety off us," she said.