A severely disabled 15-year-old girl with cerebral palsy has secured a €1.59million interim payment under a settlement of her action over the circumstances of her hospital birth, bringing to €4.5million the total paid out so far.
This was Sarah McFeely’s fourth time in court to receive an interim payment since she first settled her case 11 years ago after her birth at Letterkenny General Hospital.
Sarah through her mother Bronagh Colhoun, Cill Grien, Lismonaghhan, Letterkenny, had sued the HSE over alleged negligent treatment of the mother's pregnancy and her daughter's birth in September 2008.
Outside court on Tuesday, Sarah’s solicitor, David O’Malley, said the girl was waiting years for adequate Periodic Payment Order (PPO) legislation and this is the fourth time the case has been before the courts in relation to interim payments.
“Tuesday's interim settlement is welcome as it will cover Sarah’ needs for the next four years However the question remains how many more times must the family return to the courts. It is within the Minister’s power to enact the relevant legislation for periodic payments in such cases.
"We would encourage the Minister to do that as soon as possible to avoid other families being dragged up to the courts ever few years,” he added.
The latest interim payment is for the next four years and Mr Justice Paul Coffey was told liability was not an issue in the case.
In the action, it was claimed Ms Colhoun went into labour on September 27th, 2008 and went to Letterkenny General Hospital.
The drug syntocinon, used to induce labour, was commenced at 2:30pm. At 4pm, the CTG showed a marked change in character, and it was claimed there was hyperstimulation and a doctor advised discontinuance of syntocinon, it was claimed. An epidural was requested and given at around 6pm and the syntocinon recommenced.
It was claimed the epidural was not fully effective, and the mother continued to be distressed. It was further claimed, despite this, the rate of syntocinon was further increased.
A vacuum delivery started at nearly ten minutes to midnight, but Sarah was not born until 39 minutes later after, it was claimed, different vacuum cups had to be reapplied.
It was claimed there was excessive administration of syntocinon to the mother and a failure to recognise the hyper-stimulation.
There was a failure to deliver the baby at the earliest possible opportunity and by caesarean section, she claimed.
The court previously heard Sarah has dyskinetic cerebral palsy affecting all of her body with no movement on her right side. The proceedings were begun in 2010 after no explanation was forthcoming to the mother from the HSE the court heard.
In an open letter in 2012, the HSE conceded liability and the case was before the High Court for assessment of damages only.
Ms Colhuon, a nurse, has cared for her daughter since birth, the court also heard.
Approving the latest interim payment, Mr Justice Coffey wished the young girl all the best for the future.
