A six-year-old boy with cerebral palsy who sued over the care he received in a Limerick hospital intensive care unit (ICU) after his premature birth has settled his High Court action for €3.75 million.
Kyle Flavin, of Listowel, Co Kerry was born at 27 weeks, two minutes after his twin brother, at University Maternity Hospital, Limerick on April 26th 2016. Both boys were in good condition but were transferred to the ICU.
The Health Service Executive (HSE) denied liability and the court heard that causation was disputed.
The HSE said the clinical care provided to address Kyle’s extreme prematurity and early clinical complications was appropriate and in keeping with acceptable clinical care standards.
Kyle’s counsel, Liam Reidy SC, instructed by Cantillons Solicitors, told the court the case related to Kyle’s care in the maternity hospital ICU. Counsel said Kyle was given vitamin K and it was noted later that he had bruising and a bleed in his brain.
Counsel said it was their case that the baby was given more vitamin K and that this was “the wrong course of action”.
Experts for the plaintiff, counsel said, would claim the baby should have been given fresh frozen plasma for a problem with clotting. He said it was their case Kyle later suffered a pulmonary haemorrhage and another brain bleed.
Kyle’s mother, Anita Flavin, said the money was a large amount but “not what we hoped for”.
“Kyle is very young. His future is uncertain. We fear for the unknown,” she told Mr Justice Paul Coffey.
She said that when her twins were born, Kyle was slightly smaller than his brother, but he was a fighter. She said Kyle “is still fighting and doing well” and goes to the same school as his brother.
Kyle had through his mother sued the HSE over the treatment he received at University Maternity Hospital Limerick in 2016.
It was claimed there was a failure to recognise and treat the baby’s coagulopathy on April 27th 2016 and he suffered a pulmonary haemorrhage and consequent intraventricular haemorrhage.
All the claims were denied.
Approving the settlement, Mr Justice Coffey said he was satisfied it reflected the litigation risk in the case.
He conveyed his best wishes to Kyle and his family.