A 12-year-old boy with cerebral palsy who sued over the care he received after his birth which involved a two-hour journey to another hospital has settled a High Court action with a €1.5 million interim settlement.
James Prior was transferred to a Dublin hospital when he became unwell after his birth at Mullingar Regional Hospital in 2012.
His counsel, Dr John O'Mahony SC instructed by solicitor Richard Crowley, told the court it was their case that the management and treatment of the baby after birth allegedly caused his difficulties. Counsel said a cranial ultrasound a days after birth was clear but five days later it showed difficulties with the baby’s brain cells.
Mr O'Mahony said it was their case that all the difficulties for the baby happened after the delivery and they would say "an injurious insult" to the brain occurred after his birth.
Emergency measures should have been taken and the transfer of baby James involved a two-hour journey by ambulance to Dublin, Mr O'Mahony said.
All of the claims were denied by the HSE.
The settlement against the HSE was reached after mediation. Mr Justice Paul Coffey was told it reflected a 25 per cent reduction for the litigation risk in the case.
The interim settlement is for the next five-and-a-half years when the case will come before the court when loss of earnings and future care will be assessed.
James Prior, of Edenmore Grove, Raheny, Dublin, who has spastic diplegia, had through his mother, Tracey Carroll, sued the HSE.
It was claimed the little boy was delayed in reaching many of his milestones. He did not smile until he was three months old, and he did not walk until he was three years old.
His speech was delayed and he did not really talk until around two years.
Baby James was delivered by emergency caesarean section on August 22nd, 2012, at Mullingar Regional Hospital, but he later became unwell was transferred to a Dublin hospital.
It was claimed there was a failure to exercise reasonable care in and around the management, care and treatment of the baby in the neonatal period and that he had been provided alleged substandard neonatal care. It was further claimed he had been caused to develop a brain injury, cerebral palsy and neurodevelopmental delay.
All of the claims were denied.
The boy’s mother told the court that James was a wonderful son and he was adored by all his family.
Approving the settlement Mr Justice Paul Coffey wished James and his family well for the future.
