Boy bringing hospital claim `may be able to use hi-tech wheelchair'

A boy who has cerebral palsy and is quadriplegic and blind may reach a stage where he is able to operate a hi-tech wheelchair…

A boy who has cerebral palsy and is quadriplegic and blind may reach a stage where he is able to operate a hi-tech wheelchair, the High Court was told yesterday.

Ms Elizabeth McCabe, an occupational therapist at the Marino Clinic, Bray, said she was teaching Blaise Gallagher (6) how to operate an electric wheelchair. Blaise was also benefiting from a range of therapies. Mr John O'Donnell, for the National Maternity Hospital (NMH), said there would be an issue as to whether the child would ever be able to operate an electric wheelchair. It was accepted the child would need a wheelchair, but it was his case that the chair would have to be operated by another person.

Yesterday was the 16th day of an action by Blaise, suing through his mother, Mrs Avril Gallagher, of Moneystown, Roundwood, Co Wicklow, against the NMH, Holles Street, Dublin, and a consultant obstetrician, Dr Joseph Stanley, for alleged negligence during his birth at the NMH on April 27th, 1992. Both defendants deny negligence.

Blaise was born two days after his mother, then in the 29th week of pregnancy, was admitted to the NMH. Ms McCabe said she had been taking care of Blaise for two years at the Marino Clinic. He was one of the most severely disabled children she had worked with.

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Blaise was spastic in all four limbs. He was totally dependent and doubly incontinent and required others to help him with his personal care. At present, everything had to be done for him.

The child needed to be correctly positioned to inhibit the spasticity and gain some control over his movements, Ms McCabe said. The clinic operated a similar method to the Peto Clinic in Hungary, which involved all the therapies working together.

Ms McCabe said Blaise was making progress. He had more control of his head and was getting stronger. She also believed he had more potential ability in his right hand than his left. She had placed him in an electric wheelchair and believed he would ultimately be able to use the chair, perhaps using a joystick or switches.

The chair was known as a "Smartchair". It could avoid obstacles and had an in-built learning mechanism.

She said Blaise would ultimately need a wheelchair-accessible house, and she hoped he would eventually gain control of his environment using a remote control for such things as opening doors and curtains and switching on radios.

Blaise would also need a qualified care worker or assistant teacher, someone who knew how to place him in the correct positions to inhibit his spasticity.

Both sides said they were willing to discuss what special damages could be agreed and which were at issue.

Mr Justice Quirke said those matters could have been sorted out earlier, even years ago. However, he agreed to adjourn the hearing for that purpose. The case resumes on Tuesday.