Girl with cerebral palsy settles court action over birth circumstances for €6.5m

A girl with cerebral palsy who sued the Coombe Hospital over the circumstances of her birth more than a decade ago has settled her High Court action for €6.5 million.

The settlement is without an admission of liability.

The girl cannot be identified because the judge granted an anonymity order.

Senior counsel Liam Reidy told the court it was their case that there was a protracted labour. Medication was administered and the mother’s contractions were “over-agitated”, his side contended.

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He said the hospital says the contractions were not excessive and the baby did not suffer brain damage.

Counsel said an expert on his side believed that a brain scan taken when the child was two showed an insult to the brain.

The case, if it was to proceed to a hearing, would have been challenging in relation to proving the cause of the girl’s injuries.

Counsel said the €6.5 million settlement figure was a good offer.

The girl through her mother sued the Coombe Women and Infants University Hospital, Cork Street, Dublin, over the circumstances of her birth more than 10 years ago.

The girl’s mother told the court she was discharged the day after giving birth. They later noticed that the child did not reach certain milestones such as walking.

It was claimed there was a failure to recognise the mother was having six contractions, each lasting 60 seconds, in 10 minutes and an alleged failure to act on this.

All the claims were denied and the hospital contended the conduct of the induction of labour and the delivery were appropriate and consistent with an acceptable standard of care.

Approving the settlement, Mr Justice Paul Coffey said that due to the litigation risk there was no alternative but to accept the settlement offer. It was fair and reasonable, and he had no hesitation in approving it, he said.