A 22-year-old Cork man with cerebral palsy who sued over the management of his birth has settled his High Court action for €11 million.
Keith Phelan has spastic quadriplegic cerebral palsy and has to use a wheelchair.
The settlement is against retired consultant obstetrician Dr Liam S Mundow of Douglas Road, Cork. Proceedings against the HSE were struck out.
The Phelan’s counsel Dr John O’Mahony SC told the High Court that serious consideration should have been given to the delivery of Keith on November 30th, 1998 when the pregnancy was at 33 weeks, but his mother’s private consultant obstetrician, Liam S Mundow told her she would be taken in to hospital 12 days later.
“Dr Mundow indicated he was going on holiday, hunting, and she would be brought in to hospital on December 12th,” Counsel said.
Emergency Caesarean
He said it was their case that the baby should have been delivered on November 30th: and when Mrs Phelan went to her GP on December 11th there was a red flag as she complained of the lack of foetal movement. She was brought to St Finbarr’s Hospital, Cork and Keith was delivered by emergency Caesarean section.
The baby had to be resuscitated Counsel said it was a very sad and tragic case .
Keith Phelan, Raheen Road, Youghal, Co Cork had through his mother Margaret Phelan sued the HSE and retired consultant obstetrician and gynaecologist Liam S Mundow of Douglas Road, Cork.
It was claimed there was an alleged failure to properly investigate, diagnose or treat the true nature of the condition of Mrs Phelan and her baby and that there was a delayed admission of Mrs Phelan to hospital.
Dr Mundow admitted that Mrs Phelan should have been hospitalised on November 30th, 1998 with management in the form of close monitoring or delivery, but denied other matters.
The HSE denied all claims in the case and the case against it was struck out.
Counsel told Mr Justice Kevin Cross that Keith is a very happy young man who likes music and sport and is a Manchester United fan. He smiles a lot, Counsel said. He added the young man has very devoted and dedicated parents in Margaret and Tony Phelan.
Outside court Solicitor Ciaran McCarthy on behalf of the family said it had been a long journey for them. They thanked their legal team, supporters and professional witnesses who assisted them and the courtesy they were shown along the way.
“This has been a long journey, and it will make a huge difference to Keith’s life and his family. They have been extremely united," he said.
Keith’s sisters Kelly and Lindsay were also in court for the ruling of the settlement.
Approving the settlement Mr Justice Cross congratulated Keith’s parents and family for all their work for their son.
