Award of €1.4m to boy for brain damage at birth

The HSE and Cork University Maternity Hospital have apologised at the High Court to a young boy who was brain-damaged at birth…

The HSE and Cork University Maternity Hospital have apologised at the High Court to a young boy who was brain-damaged at birth, is confined to a wheelchair and can communicate only with his eyes.

The apology was read to the court as part of a settlement of the action by six-year-old Gill Russell, which includes immediate payment of €1.4 million, with further payments later.

Through his mother, Karen, of Aghada, Co Cork, the child sued the HSE, alleging negligence around the time of his birth at the Erinville Hospital, Cork, on July 12th, 2006.

Liability was admitted and the case was before the court for assessment of damages only.

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It is claimed Gill was born at 8.36am after an alleged “prolonged and totally chaotic” delivery. He had a severe shoulder dystocia and was born after his mother had a symphysiotomy.

He was transferred to Cork University Hospital, where he remained for two months. The court heard he will always be unable to walk and does not have function in his arms, but can communicate and learn with the aid of a special computer.

The balance is to be assessed by the court in 2014.