A young girl who suffered “devastating injuries” at birth due to what her lawyer described as “incompetence” by medical staff has secured €4.5 million in settlement of her High Court action.
Ms Justice Mary Irvine said today she had “no hesitation” approving the settlement for Keri Brett (6), who has cerebral palsy and will require life-long care.
It was “a pity” the HSE’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, Ms Justice Irvine added.
The hearing of a related action to assess damages to Keri’s mother, Clodagh Brett, will resume before Mr Justice Vivian Lavan tomorrow.
The HSE had apologised to Keri and Clodagh Brett 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, published 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, Clodagh Brett (34) of 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 Clodagh Brett’s labour and the delivery of Keri.
The court heard, following a difficult and prolonged labour, Keri suffered devastating injuries and is 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 and Mrs Brett was very distressed but 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 is able to know it, her mother 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 family hope to build a new house on a greenfield site to accommodate Keri’s needs.
Liam Reidy SC, for Keri, said the efforts of her parents, Clodagh and Brendan, to help their daughter could only be described as heroic.
Earlier, Mr Reidy had told the court 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.
Keri’s solicitor Ernest 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, counsel 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,” counsel said. The defendants’ action during Ms Brett’s labour were “incompetent”, he added.