The National Maternity Hospital, Dublin has apologised to a 5-year-old boy with cerebral palsy and his parents for the “shortcomings in the care provided” at the time of his birth.
Caleb Toner, the High Court heard has dyskinetic cerebral palsy and has to use a walker.
The letter of apology from the Master of the National Maternity Hospital, Holles Street, Professor Shane Higgins was read out as Caleb settled his High Court action with a €1.7 million interim payout.
The €1.7 million includes a 25 per cent reduction to take into account the litigation risk in the case.
The settlement which was reached after mediation is without an admission of liability.
In the letter, the hospital said it wished to offer its sincere apology to Caleb and his parents over the events surrounding his birth in February 2018
It added: “The hospital extends its sincere and heartfelt apology for the shortcomings in the care provided and for the distress and suffering this has caused you and your family.”
Caleb’s counsel Maura McNally SC instructed by Roger Murray solicitor told the court it was their case that the CTG trace which monitors the baby’s heartbeat showed decelerations and an emergency caesarean section they contended should have been carried out earlier. The hospital denied this .
Outside court, Caleb’s parents Richard and Deirdre Toner from Clonsilla, Dublin welcomed the letter of apology and said “it takes away some of our hurt.”
His Dad speaking for both of them thanked Caleb “for fighting so hard and being with us today. He brings so much love and inspiration into our lives.”
Caleb he said was a fighter from day one and has brought so much joy to their lives and to everyone who meets him “with his infectious smile and determination to be the best he can be.”
Solicitor Roger Murray said the interim settlement which is for the next five years was “not a lotto jackpot or windfall “ for Caleb but “deserved compensation.”.
He said before Caleb was born the family lost his older brother Conor to Gaucher disease .
“Caleb was a precious baby. This settlement safeguards his future for the next five years. The sky is now the limit for him and the proceeds will help unlock his full potential.” he said.
Caleb Toner of Clonsilla, Dublin had through his mother Deirdre Toner sued The National Maternity Hospital, Holles Street, Dublin over the circumstances of his birth on February 23rd 2018.
It was claimed there was a refusal to heed the request of Caleb’s mother and father during labour for a caesarean section when it was claimed the mother was clearly in poor condition and in circumstances where the CTG was abnormal and indicative the baby was in distress.
It was further claimed the mother’s concerns about her own welfare and that if her baby were allegedly disregarded.
There was also it was contended a failure to discern that the CTG trace which monitors the baby’s heartbeat was abnormal and there was an urgent need for delivery.
Caleb, it was alleged was caused to suffer prolonged deprivation of oxygen.
He was delivered by emergency caesarean section and was born in poor condition and later suffered seizures.
The claims were denied.
Approving the interim settlement Mr Justice Paul Coffey said it was fair and reasonable.
He said he was delighted the matter had been resolved. The case will come back before the court in five years time when Caleb’s future care needs will be assessed.
