AN 11-YEAR-OLD boy with cerebral palsy is to receive €3 million in settlement of his High Court action over negligence regarding the circumstances of his birth at Monaghan General Hospital.
Fabian Lavery, of Emyvale, Co Monaghan, had sued the HSE through his mother, Una, alleging that negligence in the management of his birth on August 17th, 1997, left him with severe cerebral palsy. It was alleged that he should have been delivered earlier.
Liability was admitted and the High Court was told yesterday by Bruce Antoniotti SC, for the boy, that his side was satisfied to settle the case for €3 million plus costs.
Outlining the case, counsel said that, during the course of the birth, the boy's mother knew something was wrong and had cried out at 5.30pm for a Caesarean section to be performed.
The hospital had tried to induce labour, counsel said. When that did not work, delivery by forceps was attempted, but that also failed, so inducement was again tried. The boy was delivered by Caesarean section at the hospital at 8.20 that evening but, due to his condition, he was rushed to Our Lady of Lourdes Hospital in Drogheda, Co Louth.
Mr Antoniotti said that the boy was very severely disabled and would need 24-hour care and attention for the rest of his life.
Fabian cannot move his limbs, hold his head up or speak, and his only form of communication is to cry out at night when he wants to be turned, the court was told. He likes being around his younger brothers and smiles in their presence, counsel added.
Mr Justice Vivian Lavan said he had no hesitation in approving the settlement, and he praised the child's family for their care of him. An application to have him made a ward of court will be heard at a later date.