A three-year-old boy with "devastating brain damage" and suffering from cerebral palsy has secured €3.75 million and costs in settlement of his High Court action for damages.
Jamie Casey, suing through his mother, Ms Susan Casey, Naul Road, Balbriggan, Co Dublin, had sought damages for alleged negligence in the circumstances of his birth at Our Lady of Lourdes Hospital, Drogheda, Co Louth. The action was against the North Eastern Health Board.
The court heard that Jamie's mother gave birth to twin boys at the hospital on October 11th, 2000. Jamie was born 32 minutes after his brother Jack.
When opening the case, Mr Denis McCullough SC, for Jamie, said the child had suffered devastating brain damage, would never lead a normal life, and was totally dependent on others.
It was claimed on behalf of Jamie that, in cases of twin births, it was particularly important that the second child be delivered as quickly as possible after the first twin because the cord could become entangled.
It was claimed the cord had become entangled in Jamie's case due to incompetent management; that Jamie had come under stress; and that staff should have intervened sooner than they did. It was also alleged that, in breach of the hospital's own protocol, no doctor was present at the delivery of Jack. Had a doctor been present, there would have been speedier intervention and Jamie would have been born much sooner than he was, it was argued. However, the protracted birth led to brain damage.
In its defence, the health board said it had complied with protocols in continuing to monitor the twins by electronic means, and also by listening throughout the afternoon and up to the time of the birth. The court also heard that three midwives would say that a doctor was present at the delivery of the first and second twin.
It was further pleaded that 30 minutes was within the normal parameters for the delivery of a second twin.
Yesterday, Mr Justice Johnson was told that terms for settling the dispute between the sides had been worked out subject to the judge's approval. The judge approved a settlement of €3.75 million and costs in favour of Jamie against the board.
Late on Tuesday, the judge had been told there was an offer of €3.5 million to settle the case, but lawyers for Jamie rejected it on the grounds that it was insufficient. The increased offer was worked out overnight.