A high Court judge yesterday said he could see no benefit in directing the parents of a severely disabled boy to pay the costs - estimated at more than £1 million - of the child's unsuccessful legal action alleging negligence by a Cork hospital and consultant obstetrician at his birth.
Mr Justice Quirke said such an order would cause hardship and anxiety and, in the rare and exceptional circumstances of the case, he would refuse an application by the Bon Secours Hospital, College Road, Cork, and the obstetrician, Dr David A. Corr, formerly of Western Road, Cork, to award them the costs of the 45-day action. It was taken by Mrs Ann O'Mahony, on behalf of her son, Ian, now aged 12.
Ian lives with his parents at Beechwood Grove, Onslow Gardens, Commons Road, Cork. He suffers from severe physical and mental handicap as well as cerebral palsy and epilepsy.
It was alleged that Ian's problems were due to negligence during his birth in the hospital on May 11th, 1987.
Mr Justice Quirke held that while there had been two departures by the hospital from what would be regarded as a requisite standard of care, evidence had not established that either departure had caused or contributed to Ian's disability.