The High Court has approved a record settlement of £2.75 million in an action taken by a seven-year-old girl who is spastic and has cerebral palsy against the representatives of the estate of the gynaecologist who had attended at her birth.
The settlement was in favour of Grainne Moroney, of Blackwater, Ardnacrusha, Co Clare, who was born at the Regional Maternity Hospital, Ennis Road, Limerick, on August 2nd, 1991.
Judgment is against a nominee of the estate of the late Mr Loyola Kearney, the gynaecologist who attended her birth, who died in October 1994. The Midwestern Health Board had also been named as a defendant, but the court was told those proceedings could be struck out.
The child's father has his own building and construction business while her mother was an assistant manager of a building society. Approving the settlement, Mr Justice O'Donovan said it was a tragic case as far as the parents were concerned. Grainne was very fortunate to have such devoted parents. He also commended the work of the family's solicitor, Mr Michael Boylan, in preparing the case.
The court was told that Grainne's mother, Mrs Breda Moroney, was admitted to the hospital at 7.20 a.m. on August 2nd, 1991, as a private patient. There was oxytocin stimulation and the foetal heart was indicating signs of distress. Mr Denis McCullough SC, for the child, said it was claimed there should have been a delivery by Caesarean section much earlier. However, a section birth was not performed and the baby was ultimately delivered at 11.15 p.m. Counsel said the child was in a very poor condition at birth and had suffered severely.
Five months after birth, it was diagnosed that she was suffering from cerebral palsy. Mr McCullough said the child demanded constant attention day and night. Her parents were very devoted. There were now two other children in the family - a boy aged four and a girl aged two - and they related very well to Grainne.
In 1996, Grainne had begun attending St Gabriel's School and Centre in Limerick. She attended a mixed ability class. She had physiotherapy and also had occupational and speech therapy.
Grainne was not able to sit or stand alone. She was confined to a wheelchair and that would be the situation for the rest of her life. She was able to stand in a special appliance for about 20 minutes. Feeding her was difficult.
Mr McCullough said Grainne seemed to be very bright and the teachers said she related well to people. She could make sounds that approximated to "yes" and also communicated with eye movement. The teachers said she had excellent potential and it was hoped she would master computers. There were hopes she could go on to higher education.
There seemed to be a very close, caring and loving home although, obviously for the parents, there was a great strain. Grainne seemed to be very happy at school with other children. Part of the settlement figure is to pay for an extension to her home and to provide nursing care from the age of 24.