An eight-year-old boy from Co Clare who is brain-damaged and quadriplegic is to be paid £2.4 million under a settlement approved by the High Court yesterday.
James Hehir, suing through his mother, Ms Breda Hehir, The Crescent, Ennis, had taken an action against the Mid-Western Health Board, and the personal representative of the estate of the late Dr Loyola Kearney, a consultant obstetrician and gynaecologist, for alleged negligence in the circumstances of his birth at Limerick Regional Hospital on September 2nd, 1990.
The action was heard for seven days in July. When it was due to resume yesterday, Mr Justice Barr was told it had been settled, subject to court approval.
Ms Maureen Clarke, for James, said the child was to receive £2.4 million, of which 60 per cent is to be paid by the health board and 40 per cent by the estate of the late Dr Kearney.
The claim was for alleged negligence and breach of duty in connection with the prenatal care, birth and delivery of James at the hospital. As a result of the alleged negligence, it was claimed, the child suffered severe personal injury which resulted in him being severely brain-damaged with spastic quadriplegia.
Ms Hehir submitted that the board failed to appreciate the significance of the small size of her son when she presented for delivery.
The health board denied there was any negligence or breach of care on its part. On behalf of the late Dr Kearney, it was denied there was negligence, breach of duty or breach of contract.