An 11-year-old boy who sued over the circumstances of his birth at Cork University Maternity Hospital has settled his High Court action for €4 million.
The settlement against the Health Service Executive, which was reached after mediation, is without an admission of liability. The health service maintained that it provided an appropriate standard of obstetric care.
The boy and his family cannot be identified by order of the court.
John O’Mahony SC, appearing for the child with barrister Cian O’Mahony, told the court the boy’s 2014 delivery was traumatic.
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Counsel said the boy’s case alleged the mother asked for a Caesarean section but that was not done.
The baby had to be resuscitated after birth and was in intensive care.
Counsel said the case claimed the baby suffered hypoxic ischemic encephalopathy, which is a type of brain damage caused by a lack of oxygen. Counsel said the boy has some cognitive issues but is doing well at school.
Dr O’Mahony said the HSE entered a full defence and denied all the claims.
The boy’s mother told Mr Justice Paul Coffey it was a “very hard delivery” for her, and she did not get to see her baby for two days after his birth. She said the past few years have been very difficult but their son is resilient and willing to take on every challenge.
The boy had sued the HSE through his mother.
The proceedings claimed the mode of the baby’s delivery was not that which had been repeatedly requested by the mother.
It was also claimed there was a failure to take the appropriate steps regarding maternal positioning and manoeuvres, and shoulder dystocia was allegedly encountered during delivery. The case alleged a failure to carry out adequate examinations, investigations and monitoring in the neonatal period.
All of the claims were denied, and the HSE contended the obstetric treatment and care provided was of an appropriate standard.
It also claimed it was not reasonably possible to predict or prevent the occurrence of shoulder dystocia and that when it occurred here it was managed appropriately.
Approving the settlement, Mr Justice Coffey said the case was fraught with all manner of legal difficulties and ought to be settled. He said that, in the light of the litigation risks in the case, the settlement achieved was very good for the boy.
