Woman (24) with cerebral palsy settles court action over birth circumstances for €10.75m

A 24-year-old woman with cerebral palsy who sued over the circumstances of her birth at the Coombe Hospital, Dublin, has settled her High Court action for €10.75 million.

Approving the settlement, Mr Justice Paul Coffey said it was humbling to see the magnificent care Cora Sexton’s family has given to her.

Ms Sexton’s counsel Dr John O’Mahony SC told the court it was their case that she should have been delivered by caesarean section three to four hours earlier than she was on a date in September 1997.

He said monitoring of the baby’s heartbeat showed pathological manifestations and the baby was in stress for a number of hours before delivery.

Counsel said the case was complicated by the fact that the cardiotocography (CTG) tracings, which monitor the baby’s heart rate, were mislaid.

Counsel said his side was also claiming over the neonatal management. His side alleged Ms Sexton did not get ventilator support when she should have and there was the alleged administration of “a toxic level” of sedative drugs which added to the baby’s difficulties.

The claims were denied, and it was claimed that there was an alleged inexcusable delay in bringing the proceedings. The Hospital further contended it would be prejudiced in its defence of the action and in the investigation of the claims because of the absence of the CTG.

The settlement, reached following mediation, is without an admission of liability.

Ms Sexton’s mother Rita Fitzgerald said her daughter is very happy in her “own little world” and likes music and playing tag rugby.

Ms Sexton, of Clontarf, Dublin, had through her mother sued The Coombe Women and Infants University Hospital, Cork Street, Dublin, over the circumstances of her birth on September 8th, 1997.

It was claimed she was caused to suffer chronic partial asphyxia during birth causing brain damage which has led to cerebral palsy and long term neurodevelopmental problems.

It was alleged by the Sexton side that had the baby been delivered several hours earlier than she was, she would have escaped the majority, if not all, of the injuries allegedly caused by the asphyxia.

There was also an alleged failure to monitor the baby during labour and an alleged failure to carry out foetal blood sampling when the CTG tracing was allegedly showing pathological features.

After delivery, it was claimed the baby developed seizures and later developed a left-sided weakness.

The claims were denied.