A brain-damaged boy who was born at Our Lady of Lourdes Hospital, Drogheda, is to be paid €3.75 million and costs under a settlement approved by the High Court yesterday.
Liability in the action, which had opened before Easter, had been conceded by the defendant, the North Eastern Health Board, and the case had continued as an assessment of damages only.
When approving the settlement yesterday, Mr Justice Vivian Lavan was told that if the case had continued, it could have gone on until next October.
The action was taken by Kurtis Quilty, now aged nine, of Beechwood Drive, Drogheda, who was born at the hospital on January 12th, 1996.
At the opening of the hearing, it was stated that shortly after the baby's delivery, his then 20-year-old mother, Kathryn Quilty, "fell into the hands" of obstetrician Dr Michael Neary who treated her and later removed her womb.
In May 2004, Ms Quilty, who was born in Holyhead, Wales, in November 1975 and came to Ireland when she was 19, settled her own action against Dr Neary and the NEHB for €425,000. Under that settlement, which was without admission of liability, it was stated that she was to receive €325,000 from Dr Neary and €100,000 from the NEHB.
At last year's hearing, it was also stated that Ms Quilty had become psychologically disturbed as a result of her experiences during and after the birth of Kurtis and for a time had lived with the Simon Community on the streets of Cork. She had since made a remarkable recovery and was living in Drogheda.
Denis McCullough SC, who was with Bruce Antoniotti SC, for Kurtis, said that in the present case, liability had been conceded by the health board. The claim was as a result of the admitted negligence in the management of the child's mother in labour and on delivery.
He added that Kurtis was "effectively dead" on delivery but there were indications that his heart had been beating up to a late stage of labour. In fact, he was resuscitated but unfortunately suffered devastating brain damage. He was later diagnosed as suffering from cerebral palsy. He would never be able to lead an independent life and would be dependent on others.
Mr McCullough said that after Kurtis's birth, by way of Caesarean section, Ms Quilty "fell into the hands" of Dr Neary. She was treated by Dr Neary because, it was alleged, she was bleeding excessively. Dr Neary, without reference to her, removed her womb, performing a hysterectomy.
It was stated that Kurtis was born after 28½ weeks' gestation. He weighed 1kg at birth. He remained in the hospital for 69 days after his birth.
In approving the €3.75 million settlement yesterday, Mr Justice Lavan said an application would be made later for Kurtis to be made a ward of court. The judge was told that it was hoped that Kurtis would be able to spend more and more time with his mother. He was at present spending much of his time in an institution. The situation would be monitored by social workers.
In his action, Kurtis sued through his grandmother, Valeria Thomas, who, it was stated, was happy that there should be a settlement, subject to court approval.