A young girl with cerebral palsy is to receive €1.9 million in partial settlement of her High Court action over negligence in the treatment of her mother while pregnant.
Isabelle Sheehan (6), through her mother Catherine, of Milbrook, Mallow, Co Cork, had sued consultant obstetrician Dr David Corr who was carrying on a private practice from Bon Secours Maternity Hospital, Cork, at the time of Isabelle’s birth in November 2004.
Last week, the court was told Dr Corr had admitted liability and apologised to the family, saying he “very much” regretted the outcome in relation to the birth of Isabelle.
Dr Corr said he had made a “mistake” in not referring Mrs Sheehan to an expert in foetal medicine which had “disastrous consequences” for Isabelle and her family.
The case was adjourned to facilitate talks related to the costs of care for Isabelle and today Mr Justice Iarfhlaith O’Neill was told the sides had reached agreement on terms including an interim payment of €1.9 million within 28 days towards the costs of care.
Mr Justice O’Neill approved the settlement as “prudent and reasonable” and also paid tribute to the child’s parents for the high standard of care provided to her.
The terms of settlement also provide for the case to be adjourned to 2013 to allow for the introduction of laws providing for the making of periodic payments to persons with serious injuries. If the necessary legislation was not enacted, a lump sum payment is to be provided and the remaining issues will be addressed.
Denis MCullough SC, for Isabelle, said the interim payment included monies towards costs and losses incurred to date and to pay for the costs of adapting the family home for Isabelle.
Isabelle, described as “bright and intelligent”, suffers from severe spastic quadriparetic cerebral palsy.
Outside court, Catherine and Colm Sheehan said they were very happy with the settlement and wanted to thank their solicitors, Gillian and Michael Boylan. Mrs Sheehan said it meant Isabelle will have everything available to her to reach the potential she deserves.