A YOUNG girl who suffered “devastating injuries” at birth, due to what her lawyer described as “incompetence” by medical staff who handled her delivery, has secured €4.5 million in settlement of her High Court action.
Ms Justice Mary Irvine said yesterday she had “no hesitation” in approving the settlement for six-year-old Keri Brett, who has cerebral palsy and will require lifelong care.
It was a pity the Health Service Executive’s apology to Keri’s family over the mismanagement of her birth, which included an apology for the “undoubted trauma” they had suffered, had not come sooner given the anxiety they had experienced, she added.
The hearing of a related action to assess damages to Keri’s mother, Clodagh Brett, will resume before Mr Justice Vivian Lavan today.
The HSE had apologised to Keri and her mother earlier this month after conceding liability in both cases last July.
It had denied liability in a defence in 2007 despite, the court heard, the existence of an internal investigation, completed in 2004, identifying systems failures and mismanagement of Keri’s birth.
That report was obtained by Keri’s solicitor Ernest Cantillon on foot of a court judgment.
Keri, through her mother Ms Brett (34), Kilnockin Road, Fethard, Co Tipperary, had sued the HSE alleging negligence in the management of her birth at St Luke’s Hospital in Kilkenny on October 20th 2003.
The case was before the High Court for an assessment of damages only.
Ms Justice Irvine heard the HSE had offered a full and unreserved apology to the Bretts for its acts and omissions in relation to its management of Ms Brett’s labour and the delivery of Keri.
The court heard that following a difficult and prolonged labour, Keri suffered devastating injuries and was now mentally and physically handicapped and profoundly disabled. She is wheelchair-bound and visually impaired.
It was claimed the HSE failed to properly manage Keri’s birth and failed to have competent and appropriate medical personal in attendance at the time.
Keri’s birth was induced but there was no continuous foetal heart-rate monitoring in place, it was claimed.
There were episodes of large decelerations of the foetal heart rate and Ms Brett was very distressed.
There was an alleged failure to recognise the abnormal heart rate and to carry out an emergency Caesarean at an appropriate time.
After the settlement offer was made, Ms Brett said it had been a long legal battle. Keri was able to communicate but not everybody was able to know it, she added.
Despite a difficult first few years when she was in constant pain, Keri had benefited from being around other children and from attending school, her mother said.
The Brett family hopes money from the award will go towards a new house on a greenfield site to accommodate Keri’s needs.
Liam Reidy SC, for Keri, said the efforts of her parents to help their daughter could only be described as heroic.
Earlier, Mr Reidy had told the court that the HSE had denied all liability in the case in a defence delivered in March 2007 and verified by a sworn affidavit by the hospital manager. Mr Cantillon had sought discovery of Keri’s medical records and the protocol in operation at St Luke’s concerning continuous foetal heart monitoring during labour. Details were also sought of all investigations conducted into the circumstances of Keri’s birth including any witness statements or reports, Mr Reidy added.
When that material was obtained following a court judgment, it included the July 2004 findings of an internal risk management assessment which revealed a “major systems failure” at St Luke’s in relation to Keri’s birth. “The standard of care fell far below what could be considered a reasonable standard,” Mr Reidy added. The defendants’ actions during Ms Brett’s labour were “incompetent”.
