A FOUR year old Co Monaghan boy who is severely handicapped with cerebral palsy is to receive £1.6 million and costs under a High Court settlement yesterday. It follows his medical negligence action against a health board and a doctor.
Stephen Kerr, suing by his mother Ms Regina Keft of Annyalla, Castleblayney, brought, the action against the North Eastern Health Board and Dr Sami El Kashif, a senior house officer at Monaghan General Hospital when Stephen was born on April 15th, 1992.
It was alleged that Stephen suffered permanent brain damage due to oxygen deprivation. It was claimed that due to negligence the child suffered injury during labour and suffered serious injuries after his delivery.
The board was alleged not to have provided adequate medical supervision for the child and mother before delivery and failed to recognise the significance of the baby's abnormal heart rate.
The statement of claim alleged that before a consultant obstetrician was called, several unsuccessful attempts were made by Dr El Kashif to deliver the baby and that there was undue delay in resuscitating the child at or after delivery.
It was also claimed that when Stephen was being transferred by ambulance to Drogheda hospital, he was not attended by a paediatrician or doctor trained in neonatal paediatrics and the baby's oxygen tube came adrift.
Stephen is severely handicapped with cerebral palsy and has a significant visual handicap. He will require full time care for life.
The health board and doctor both denied the claims. If the child did sustain the alleged or any severe injuries, this was not caused by their negligence, they said.
While the matter was at hearing before Mr Justice Morris, counsel for the plaintiffs, Mr Michael Hanna SC, said there had been a development and the matter had now resolved itself into an assessment of damages only. Mr John Coughlan SC, for the health board, said Mr Patrick Keane SC, for Dr El Kashif, would be taking over the health board defence and would indemnify the board.