A 13-year-old boy with cerebral palsy has secured €1.9 million and costs in settlement of his High Court action alleging negligence in the circumstances of his birth at Portlaoise General Hospital. The settlement was without admission of liability.
Darragh Leonard, suing by his mother, Ms Lisa Leonard, of Woodstock Street, Athy, Co Kildare, had sued the Midland Health Board and two consultants - Mr John Corristine and Mr Patrick Conway - arising from his birth at Portlaoise General Hospital on August 30th, 1991.
It was claimed that there had been a failure to investigate properly the observed intera-uterine growth retardation, and that an obstetrician and a paediatrician should have been present at the time of his birth.
Soon after Darragh's birth, he was transferred to the National Maternity Hospital, Holles Street, Dublin, for further treatment.
Darragh is now in institutional care, but, Mr Justice O'Donovan was told, his mother wants to have him at home for a substantial part of the time.
Asking the judge to approve the settlement, Mr Bruce Antoniotti SC, for Darragh, said his side believed the case was worth €3.5 million on the assumption that, had it proceeded, "everything went right".
The defence had a different view given difficulties in relation to the case.
Collectively, the plaintiff's side was happy to recommend that the court accept the sum of €1.9 million offered.
The case was a "minefield" and one which could be lost, counsel added.
Approving the settlement, Mr Justice O'Donovan said Darragh would have to be made a ward of court.
The judge directed that €1.9 million be placed in court, out of which €67,000 was to be paid to the plaintiff's solicitors on their undertaking to discharge various items of special damages.
Outside the court, Ms Leonard paid tribute to Mr Conor O'Toole, solicitor, of Coughlan White and Partners, Newbridge, for his role in the case. She added that she hoped to take Darragh home as soon as possible.