HSE agrees €1.9m interim payment for Cork boy (6) over circumstances of birth

A child with cerebral palsy who sued over the circumstances of his birth at Cork University Maternity Hospital has settled his High Court action on terms including an interim payment of €1.98 million.

Alex Foley, now aged six, received a National Children of Courage award two years ago.

Mr Justice Kevin Cross was told the boy’s family and friends had fundraised so that Alex, who has spastic diplegic cerebral palsy, could have a key operation in the US. He can now walk for short periods but he also has to use a wheelchair.

Outside court on Wednesday, his counsel Doireann O’Mahony said Alex’s parents Laurane and Patrick Foley were delighted with the settlement and Alex, his twin brother Jacob and three other siblings can now look to the future.

Alex, Rocky Road, Midleton, through his mother, sued the Health Service Executive (HSE) over the circumstances of his birth at Cork University Hospital on October 5th, 2010. It was claimed there were failures to exercise reasonable care and skill in and around the management of Mrs Foley's pregnancy. There was, it was claimed, a failure to identify, at an earlier stage, a complication of pregnancy – vasa praevia – in which a baby's blood vessels cross or run near to the internal opening of the uterus. It was also alleged there was failure to have any, or any sufficient regard, to the operative risk indicators for foetal distress and injury including a low-lying placenta. The claims were denied and the court heard the settlement was on the basis of a 10 per cent deduction.

Outlining the case, Liam Reidy SC, with Ms O’Mahony, said Mrs Foley was pregnant with twins in 2010. She had a scan in June 2010 which showed a low-lying placenta and also had another scan in September 2010.

Counsel said a low-lying placenta meant a real risk of vasa praevia and his case was there should have been another more specific scan at this stage and, had there been, it would have identified the risk.

On October 4th, 2010, Mrs Foley began to suffer pains at home and went to the hospital where a CTG trace showed the foetal heart rate was normal. After midnight, the mother’s waters were artificially broken and she suffered heavy bleeding, counsel said. Alex’s heartbeat started to drop and it was decided to deliver the twins by emergency caesarean section.

Alex was in poor condition when born but his brother Jacob was normal, counsel said.

The HSE denied the claims and contended it was not normal practice to carry out the more specific type of scan as claimed by the plaintiff.

Mrs Foley told the court Alex is an extremely happy little boy who “gets on with life” and is an inspiration to a lot of people. He attends a special school and recently played the lead role in the school Christmas play.

Approving the settlement, Mr Justice Cross said Alex Foley not only has a great name but also has great carers in his family. The case will come back to court in five years for assessment of further damages.