Extra €1m for girl with cerebral palsy as parents return to court for fourth time

A girl with severe cerebral palsy, who previously secured €3.3 million under a settlement of an action over negligence during her birth at the National Maternity Hospital in Dublin, is to get another €1 million towards her care needs for the next three years.

Charlotte Barry (10), of O’Connell Gardens, Bath Avenue, Sandymount, Dublin, was born severely disabled at the hospital on September 9th, 2005, and will require lifelong care.

In High Court proceedings brought through her mother, Aisling Campbell, Charlotte sued the maternity hospital, which accepted liability and made a number of interim payments from 2010.

In the proceedings, it was claimed the treatment given to Charlotte’s mother by the hospital at the time of birth was negligent and caused Charlotte to suffer profound hypoxic-ischemic insult resulting in cerebral palsy.

Ms Campbell attended hospital on August 28th, 2005 after her waters broke and was discharged the same day.

She was not admitted again until September 8th and Charlotte was born the next day.

Communication

It was claimed that the hospital failed to properly manage and monitor the labour, delivery and birth.

The High Court previously heard Charlotte can only communicate through facial and eye movements and uses an advanced computer system known as a “Big Mac”, which can pick up eye movements, allowing her to communicate.

Her mother told the court yesterday that the family were happy the settlement will provide for Charlotte for the next three years.

Ms Campbell added that she was “increasingly frustrated that the correct and appropriate legislation is not in place and it very important to say that it is taking too long”.

This was the fourth time the family were in court to deal with the matter and they would have to return for a fifth time in three years’ time, Ms Campbell said. “It is very tiring and draining, especially on Charlotte.”

Approving the interim settlement, Mr Justice Kelly said the word “tiring” was an understatement for what parents such as Ms Campbell and their children endured, in the absence of the necessary laws to allow for periodic payments for the catastrophically injured.

That legislation was first proposed in October 2010, he noted.

The judge commended Ms Campbell on her fortitude, adding that he would not blame her if she sought a lump sum when the case returns to court in 2019 for further assessment of future care needs.