Boy who sued over birth settles action for €5 million

Evan Cullen (9) has cerebral palsy which also affects left side of his body

It was claimed Evan had suffered a fracture injury of his skull. File photograph.

It was claimed Evan had suffered a fracture injury of his skull. File photograph.

 

A boy who sued over allegedly suffering a skull fracture during his birth at Cork University Maternity Hospital has settled his High Court action for €5 million.

The settlement, made against the HSE, was without admission of liability.

Evan Cullen, now aged nine, has cerebral palsy which also affects the left side of his body but he is doing remarkably well and attends mainstream school, his counsel Dr John O’Mahony SC told the court.

Through his mother Tania Cullen, of The Avenue, Rockfield,Church Road, Blackrock, Co Cork, the child sued the HSE over the circumstances of his birth at the hospital on February 11th, 2009.

The court heard that, after one and a half hours of pushing, the baby’s head was still not visible and the child was then delivered by forceps delivery but required resuscitation.

It was claimed Evan had suffered a fracture injury of his skull and brain injury by the alleged application of inappropriate compressive force of the forceps blades or by allegedly forcefully impacting the baby’s skull against the mother’s pelvis at the time of delivery.

It was further claimed there was failure to ensure the management of the delivery met the appropriate standard.

Following Evan’s birth it was claimed his father noticed an injury to the baby’s head and the baby also hours later had seizures. All the claims were denied.

Dr O’Mahony, instructed by Colm O’Riain solicitor, said their case was the baby’s head should have been rotated and that what allegedly happened would have been avoided. His side also alleged an incorrect forceps was used.

Mr Justice Kevin Cross approved the settlement