Boy (5) with cerebral palsy settles case with hospital for €1.7m interim payment

The National Maternity Hospital in Dublin has apologised to a five-year-old boy with cerebral palsy and his parents for the “shortcomings in the care provided” at the time of his birth.

The letter of apology from the master of the Holles Street hospital was read out as Caleb Toner settled his High Court action with a €1.7 million interim payout.

The settlement was reached after mediation and is without an admission of liability.

The €1.7 million includes a 25 per cent reduction to take into account the risk of litigating the case further.

Helping stressed-out GPs manage staffing issues in the workplace

---

Dave Hannigan: Grotesque Tyson-Paul spectacle the very antithesis of a real sporting event

---

Karlin Lillington: Google somewhat two-faced on workplace politics

---

Laura Kennedy: It’s hard to put my finger on what’s different about the atmosphere in this gym

---

Caleb has dyskinetic cerebral palsy and has to use a walker, the High Court heard.

In the letter, the hospital said it wished to offer its sincere apology to Caleb and his parents over the events surrounding his birth in February 2018.

It said: “The hospital extends its sincere and heartfelt apology for the shortcomings in the care provided and for the distress and suffering this has caused you and your family.”

Caleb’s senior counsel, Maura McNally, instructed by solicitor Roger Murray, told the court it was their case the CTG trace, which monitors the baby’s heartbeat, showed decelerations. They alleged an emergency Caesarean section should have been carried out earlier. The hospital denied this.

Outside court, Caleb’s parents Richard and Deirdre Toner from Clonsilla, Dublin welcomed the letter of apology, saying: “It takes away some of our hurt”.

Mr Toner thanked Caleb “for fighting so hard and being with us today”.

“He brings so much love and inspiration into our lives,” he said.

Caleb, of Clonsilla, Dublin, had through his mother, Deirdre Toner, sued The National Maternity Hospital, Holles Street over the circumstances of his birth on February 23rd, 2018.

It was claimed there was a refusal to heed the request of Caleb’s mother and father during labour for a caesarean section when, it was claimed, the mother was clearly in poor condition and the CTG was abnormal and indicative of the baby being in distress.

Caleb was caused to suffer prolonged deprivation of oxygen, the action alleged.

The claims were denied.

Approving the interim settlement, Mr Justice Paul Coffey said it was fair and reasonable. He said he was delighted the matter had been resolved.

The case will come back to court in five years when Caleb’s future care needs will be assessed.