€2m interim payment and apology for boy injured at birth

A teenage boy who suffered brain injuries at birth has secured an interim €2 million payment from a hospital under a settlement of his legal action.

South Tipperary General Hospital unreservedly apologised at the High Court to the 15-year old boy, who has dyskinetic cerebral palsy.

The apology was issued as Mr Justice Kevin Cross approved an interim payment of €2 million under a settlement of the boy’s action. The case is due to return to court in two years for assessment of future care needs.

An application was made in court seeking that the plaintiff’s identity not be published.

A statement by South Tipperary General Hospital general manager Maria Barry was read to the court.

“On behalf of South Tipperary General Hospital, I wish to express our sincere and unreserved apologies for the failings that caused the injuries and the consequential trauma experienced by the boy and his family,” it said.

Through his mother, the boy sued the HSE over the circumstances of his birth at St Joseph’s County Medical and Maternity Hospital, Clonmel, Tipperary on October 16th, 2001.

Back pain

It was claimed the mother was admitted to the hospital on October 11th, 2001 complaining of back pain and she had passed blood.

CTG monitoring was set up and it was claimed the readings were abnormal and should have been a cause of concern but the CTG monitoring was discontinued and the mother discharged.

Four days later, the mother was admitted to the hospital again where she was monitored spasmodically by a CTG.

It was alleged the readings were also abnormal but the CTG was discontinued.

On October 16th, 2001, the mother reported severe abdominal pain and was attached to a CTG which, it was claimed, showed gross and critical abnormality.

It was claimed a decision was taken to carry out an emergency caesarean at 8.30pm. It was claimed a delay occurred and the baby was born by caesarean at 9.13pm and sustained brain damage.

It was claimed there was failure to deliver the baby within the recognised standard time of 30 minutes from the time the decision to carry out an emergency section was made.

Michael Counihan SC, for the boy, said liability was admitted in September last.

He said the boy had his first heartbeat nine minutes after birth but is now doing “magnificently well” and attends a special school.

The boy’s mother told the court the apology was “priceless” to her.

Mr Justice Cross said the apology will be a comfort to the family.