A nine-year-old boy suffering from cerebral palsy is to be paid £1.75 million and costs in settlement of his High Court action for negligence during his birth at Wexford General Hospital.
The case was taken by Gary Kavanagh, suing the South Eastern Health Board and a consultant obstetrician and gynaecologist, Dr Harry Murphy, through his mother, Ms Patricia Kavanagh, Curracloe. A hearing to decide liability for the settlement will be held at a later date.
Gary and his twin brother, Ian, were born on January 9th, 1991, at Wexford General Hospital, which then had no neo-natal unit or consultant paediatrician. Ian was "fairly poor" after birth and was transferred to Waterford Regional Hospital which had such facilities. He recovered and is now in good health.
Mr Denis McCullough SC, for Gary, said the child was diagnosed as suffering from cerebral palsy.
When the case came before the High Court before Christmas, the action against the health board was struck out and the claim against Dr Murphy continued. It was stated that the action against Dr Murphy would proceed on the basis of damages only and that the issue of liability between him and the health board could be adjourned. The issue of liability will be heard later.