The High Court has been asked to assess what damages should be paid by the North Eastern Health Board to a nine-year-old boy who suffers from brain damage and cerebral palsy arising from the circumstances of his birth at Our Lady of Lourdes Hospital, Drogheda.
Kurtis Quilty is the only child of Kathryn Quilty, who was aged just 20 when her womb was removed after Kurtis's birth by Dr Michael Neary, a consultant obstetrician.
In separate court proceedings last year, Ms Quilty, who was born in Holyhead, Wales, but came to Ireland when she was 19, secured €425,000 in settlement of her own action against Dr Neary and the NEHB arising from the removal of her womb.
That settlement was without admission of liability and involved payment of €325,000 by Dr Neary and the remainder by the board.
At last year's hearing it was also stated that Ms Quilty had become mentally disturbed as a result of her experiences during and after her son's birth.
She had since made a remarkable recovery, the court was told.
Yesterday, in the proceedings taken on behalf of Kurtis by Ms Quilty, Beechwood Drive, Drogheda, against the NEHB, Mr Justice Daniel Herbert was told that shortly after the baby's delivery on January 12th, 1996, Kurtis's mother "fell into the hands" of Dr Neary who treated her and later removed her womb.
Denis McCullough SC, for Kurtis, said liability was conceded by the NEHB in the proceedings. There were no issues in respect of liability or causation. The issue of Kurtis's life expectancy had also been agreed, and the case was now purely an assessment of damages.
The claim was as a result of the admitted negligence during Kurtis's birth, counsel said.
Kurtis was "effectively dead" on delivery, but there were indications that his heart had been beating up to a late stage of labour. In fact, he was resuscitated but had suffered devastating brain damage.
The child was later diagnosed as suffering from cerebral palsy. He would never be able to lead an independent life and would be dependent on others.
Mr McCullough said that after Kurtis had been delivered, Ms Quilty fell into the hands of Dr Neary.
Ms Quilty was treated by Dr Neary because, it was alleged, she was bleeding excessively. In fact Dr Neary, without reference to her, had removed her womb.
Mr McCullough said Kurtis was born after 28½ weeks' gestation by Caesarean section. He weighed 1kg (2.2lb) at birth and was in very poor condition.
He remained in the hospital for 69 days after he was born and was discharged on March 22nd, 1996, which had been his estimated date of birth. His life had been devastated.
Ms Quilty was now living a quiet and sensible life. She was anxious that she should have the care of her son in the future and that he would live with her.
At present, he was brought to her at weekends from a hospital where he was being cared for. Ms Quilty was a very good mother and had given Kurtis the best of care and attention when she was well herself, he said.
The hearing continues today.