A five-year-old boy who suffered an acute brain injury at birth in the Coombe Hospital, Dublin has settled a High Court action for €19 million.
Adam Dediu, the High Court heard, was the lead twin but was delivered after his brother David by caesarean section just two days before Christmas 2016. It was claimed that the surgery was delayed due to the unavailability of a theatre.
Mr Justice Paul Coffey was told liability was admitted in the case last year.
Adam’s mother Loredana Dediu said outside the Four Courts that her son is not able to play with his twin brother David.
“Adam is a happy guy. I would love for him to walk and speak and all this, but unfortunately his life is not going to be as great as it should be. He is not going to play with his brother. He is not going to do anything for most of the time,” she said.
Mrs Dediu, along with her husband Silviu, said they were glad their legal journey is finished.
“It has been a long journey and we are really glad it has actually finished,” she said.
"Hopefully we are going to now have all the means for Adam to have a better life."
Labour
Adam’s counsel Richard Kean SC with Esther Earley BL, instructed by Caoimhe Haughey solicitor, told the court the boy suffered an acute brain injury and has very significant difficulties including with his speech and limbs. Counsel said Adam has been left with “a myriad of ongoing problems.”
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he noted an interim payment of €100,000 had previously been made in the case. He conveyed his best wishes to Adam and his parents.
Adan Dediu of Coolock, Dublin had through his father Silviu Dediu sued The Coombe Women and Infants University Hospital, Dublin over the circumstances of his birth in December 2016.
Adam's mother Loredana was admitted to the hospital on December 22nd, 2016, for a planned induction of labour. Induction of labour was difficult, and she was advised delivery should be by caesarean section.
It was claimed the surgery was delayed due to the unavailability of a theatre and the mother continued to labour. Adam, who was the leading twin, was delivered after his brother on December 23rd, 2016.
It was claimed Adam’s head was deeply engaged within the pelvis and there was extreme difficulty in extracting it. It was further alleged there was a long delay prior to Adam’s delivery and in attempting to disengage his head, he suffered a profound head injury.
Adam was born with hypoxic-ischaemic encephalopathy and a severe head injury and has been left with a permanent and profound multifactorial handicap.
It was claimed there was a failure to take any or any reasonable care for the safety of Adam during the course of his delivery and a failure to appreciate in time or at all that Adams’ head was very deep within his mother’s pelvis and could be difficult to extract.
When Adam was born he was in extremely poor condition and was blue in appearance. An MRI of his brain later revealed a very significant acute brain injury.
