Woman (20) with cerebral palsy settles case over birth circumstances for €9.75m

A 20-year-old woman with cerebral palsy who sued over the management of her birth at the private Mount Carmel maternity hospital in Dublin has settled her High Court action for €9.75 million.

Rianna Dempsey, who was the first born of twins, is profoundly neurologically impaired, has to use a wheelchair and is entirely dependent on others, the court heard.

Her senior counsel, Sara Antoniotti, instructed by Augustus Cullen Law, told the court that the representatives of the estate of a consultant, now deceased, and Mount Carmel Medical Group (South Dublin) Ltd were being sued.

As part of the settlement, she said, the costs of the action are to be paid by Mount Carmel Medical Group (South Dublin) Ltd, in liquidation, while the State Claims Agency also indemnified all defendants.

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Ms Dempsey, from Quill Road, Kilmacanogue, Co Wicklow, through her mother, Lorraine Dempsey, sued the representatives of the estate of the late consultant gynaecologist and obstetrician Patrick Tunney as well as the company in liquidation, which operated Mount Carmel maternity hospital in Churchtown. She said the case concerned the medical management of the mother in the latter stages of pregnancy.

Counsel told the court the settlement represented a discount of about 25 to 30 per cent as there were certain issues in the case.

Ms Antoniotti said Lorraine Dempsey was admitted to the hospital on September 18th, 2003. Three days after her admission, she experienced a placental abruption and the twins were delivered by caesarean section. Counsel said it was their case that the rupture caused devastating injuries to Rianna.

It was claimed there was a failure to manage the mother’s pre-labour rupture of membranes at term in a proper and appropriate manner. It was also claimed there was a failure after a period of conservative management to ensure active management of the mother’s pre-labour rupture by way of induction of labour or caesarean section.

All claims in relation to the management of the labour and delivery were denied.

Ms Antoniotti said that Rianna’s family has provided extraordinary care to her over the years.

Approving the settlement, Mr Justice Paul Coffey conveyed his best wishes to Rianna and her family.

Mount Carmel no longer operates as a maternity hospital after the company operating it went into liquidation a number of years ago.