Youth gets €3m in legal action over his birth

A youth who has cerebral palsy and severe intellectual and physical deficits is to be paid €3 million and costs in settlement…

A youth who has cerebral palsy and severe intellectual and physical deficits is to be paid €3 million and costs in settlement of his High Court action alleging negligence in the circumstances of his birth at the National Maternity Hospital, Holles Street, Dublin.

Adrian Byrne, now aged 16, suing by his mother, Brigid Byrne, of Father Cullen Terrace, Rathvilly, Co Carlow, was born by Caesarean section early on September 20th, 1988. He alleged negligence at the time of his birth.

The hospital denied the claim, and yesterday's settlement, after 13 days of hearing, was without admission of liability.

The settlement was approved by Mr Justice Paul Gilligan on the application of senior counsel Denis McCullough, for Adrian Byrne.

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In the action it was claimed that Ms Byrne had been attending the hospital's ante-natal clinic for ongoing treatment, observation and review.

She later attended the hospital for treatment on dates in July and August 1988.

On September 19th, she was admitted to the hospital. The court was told Adrian is profoundly disabled. He is unable to sit or walk independently, and requires the use of a wheelchair.