An eight-year-old boy with autism who sued over the circumstances of his birth at the National Maternity Hospital has settled his High Court action for €10 million.
Aston Shiels Flynn, the High Court heard, is on the highest scale of the autism spectrum, has limited speech and has developmental delay.
The settlement marks the end of an eight-year battle for Aston’s family and came about after prolonged negotiations, the High Court heard.
The case, Mr Justice Paul Coffey was told, is the second only such case before the courts where it was sought to establish an alleged link between autism and alleged hypoxic events at delivery.
Aston’s mother, Michelle Shiels, told the court she was relieved at the settlement. “We can go on into the future now and try out best for our son,” she said.
Aston’s counsel, Richard Kean SC with Esther Earley BL, told the court the settlement represents 50 per cent of the full value of the case. He said liability and causation were fully contested by the hospital.
Counsel said it was a very distressing and difficult case for the family and they were overwhelmed and relieved that a settlement had been reached. He said Aston’s parents, Michelle Shiels and Damien Flynn from Gorey, Co Wexford, feel it will have a huge impact for their son.
He added it was their case that Aston should have been delivered four days earlier, and that the neo natal care was allegedly mis managed.
Alleged failures
Aston Shiels Flynn, from Gorey, Co Wexford, had through his mother, Michelle Shiels sued the National Maternity Hospital, Holles Street, Dublin, over the circumstances of his birth on March 7th, 2014.
It was claimed there was an alleged failure to properly diagnose, treat and care for the baby and his mother.
It was also claimed there was an alleged failure to attach any or any due significance to CTG tracing of the baby’s heartbeat in the days before the delivery, which is alleged was non-reassuring, and the mother had been discharged home to await spontaneous labour when it was allegedly unsafe and unreasonable to do so.
It was further claimed there was an alleged failure to expedite delivery when the mother returned to the hospital on March 7th.
Aston it was claimed allegedly suffered acute hypoxia prior to and at his delivery.
There was also it was claimed an alleged delay in diagnosing that the baby had hyperinsulinaemic hypoglycaemia and there was an alleged failure to conduct all necessary investigations and seek specialist opinion within three hours of his admission to the neonatal unit.
The claims were denied.
Approving the settlement, Mr Justice Paul Coffey said it was a very sad and tragic case and the accepted there were significant litigation risks in the case.
Fair and reasonable
The judge said the €10 million offered was a fair and reasonable settlement. He told Aston’s parents he was delighted they had reached a settlement and said he was sure it had been a great burden for them for a very long time.
He wished the little boy and his parents all the best for the future.
Outside court the family solicitor Georgina Robinson said the settlement marked the end of an eight-year battle for Aston’s parents.
She said the settlement will secure Aston’s future and provide peace of mind to Michelle and Damien that Aston will be cared for, for the rest of his life.
“Today, Aston is a happy 8-year-old boy who despite his condition lives his life in the company of his loving family. Outside of this Aston does not speak, he does not understand simple instructions and cannot express his feelings,” she said.
She added: “Michelle and Damien have learned to manage Aston’s condition as best they can. Their own lives have been hugely affected. During this prolonged court process, they have been forced to relive the circumstances of Aston’s birth over and over again.
“Throughout this process they have only ever sought a fair settlement for Aston which will provide for his future and for specialist treatment which may help him become more independent. Therapy is key to Aston living his best life and today’s settlement will ensure that Aston receives the best treatment possible.”
