Birth injury case settled for €4.5 million

A six-year-old permanently brain-damaged boy is to receive €4

A six-year-old permanently brain-damaged boy is to receive €4.5 million, plus costs, in settlement of his lengthy legal action against the National Maternity Hospital alleging negligence in the management of his birth.

The hospital is facing a total legal costs bill estimated at €4 million arising from the action.

The settlement in the case of Paul Fitzpatrick was made without admission of liability by the hospital, which had denied negligence.

However, because the High Court had last March found the hospital was liable for the boy’s injuries - a decision the hospital has appealed to the Supreme Court - the Supreme Court will be asked by the sides on Friday to set aside the High Court finding on consent.

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The case, which had been before the courts for some 59 days, was brought by Paul, suing through his mother Michelle Fitzpatrick of St Catherine’s Close, Carman Hall, Dublin, against the NMH, Holles Street, Dublin for injuries alleged sustained in the management of his birth at the hospital on December 26th, 2001.

The case was Ireland's the longest running birth injury case.

The High Court had found the hospital was liable for the injuries sustained by Paul. In his 109-page judgment, Mr Justice Herbert found Paul would not be severely mentally and physically disabled except for the “substandard and negligent” management of his birth.

He found Paul should have been delivered some half an hour earlier than he was and, if that had occurred, he would not have sustained irreversible brain injury leaving him totally dependent for the rest of his life.

The case was due before Mr Justice Herbert again today for assessment of damages to be paid in the event of the hospital losing its appeal. The assessment hearing was expected to last several weeks as there were issues between the sides on several matters, including Paul’s life expectancy.

However, after discussions between the parties, Mr Justice John Quirke was told the matter had been settled.

Niamh Fitpatrick told Mr Justice Quirke that, while there would be no admission of liability, she and her family “would like to move on.” ‘

Outside court, Ms Fitzpatrick thanked her legal team and said the family now looked forward to getting a house with a garden and a swing for Paul. While the settlement was made without an admission of liability, the fact the hospital had settled for €4.5 million “speaks for itself”, she said.