A 19-year-old man who sued over the circumstances of his birth at Limerick Regional Maternity Hospital, now University Maternity Hospital Limerick, has settled his High Court action with a €1.5 million interim payout.
The young man, who cannot be identified by order of the court, suffered a type of brain injury caused by a lack of oxygen to the brain, it was claimed.
His counsel, Patrick Treacy instructed by Cian O’Carroll solicitors, told the court the case had been settled after mediation.
Counsel said, at the time of his birth, the young man suffered an insult to the brain, and now has an intellectual delay and is not able to live independently.
Mr Treacy said breach of duty was admitted by the HSE in the case, but causation remained at issue. The interim settlement is for the next five years, after which the man’s future care needs will be assessed.
The man had, through his mother, sued the HSE over the management and care provided to both himself and his mother at the Limerick hospital during labour and delivery in 2005.
It was claimed the baby should have been delivered earlier by caesarean section and that the second stage of delivery lasted 42 minutes, which, it was claimed, was excessive and should have been reduced by instrumental delivery.
It was further claimed the baby was acutely and severely asphyxiated at birth, and there was attempted head cooling without the necessary equipment or counselling, and without obtaining consent from the baby’s parents.
In the proceedings, the HSE admitted a breach of duty, accepting that, following delivery, the baby suffered an initial hypoxic ischaemic encephalopathy, consistent with an episode of hypoxia ischaemia prior to delivery, which most likely occurred within a period of 24 hours up to a maximum of 48 hours prior to delivery.
It was also accepted that the baby suffered from hypocarbia for a period of about six hours, as well as a period of mild hyponatremia, which refers to sodium levels in the blood, and that attempted cooling provided was not to appropriate standards.
However, the HSE contended that the care provided during labour and at the time of delivery was of a reasonable standard. It also said the CTG trace during labour was reassuring, and there was no indication for intervention for an earlier delivery.
The HSE further contended that neonatal care following the boy’s delivery was appropriate and in line with standards on neonatal care in 2005.
The HSE denied that any of the injuries alleged were caused or contributed to by any alleged lack or want of care.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable, wishing the young man and his family all the best.
