A €14 million settlement has been approved by the High Court for a teenager with physical and cognitive impairments who claimed his delivery was not properly managed.
Calum McCarthy (16) cried in court on Thursday as Mr Justice Paul Coffey approved the settlement as “fair and reasonable” and wished him well.
Calum had sued the HSE through his mother, Melissa McCarthy, over the care they received at St Finbarr’s Hospital on Douglas Road, Cork, around his birth on October 31st, 2006.
Calum’s senior counsel, Dr John O’Mahony, instructed by Frank Buttimer & Company solicitors, said the HSE, as operator of the hospital, admitted negligence but denied this caused the injuries.
He and his mother, Melissa McCarthy, received an apology on behalf of the Unified Maternity Services over “any shortcomings” of St Finbarr’s Hospital maternity unit that “may have contributed to difficulties” he has faced.
The letter, read out in court, acknowledged the “very difficult time” the family has had and assured that maternity practices are being “continuously reviewed with the aim of ensuring the safety of patients at all times”.
Dr O’Mahony said Calum was born flat and didn’t have respiratory effort for more than four minutes after his birth.
He was intubated and later transferred to a Dublin hospital where he was fully investigated, counsel added.
He was diagnosed with Hirschsprung’s disease, which affects the development of a baby’s intestinal nerve, he said, adding that the settlement will be used to cover the cost of Calum’s care needs.
Calum’s case alleged that the Cork hospital should have intervened sooner when Ms McCarthy was enduring an excessive frequency of contractions.
Dr O’Mahony said he has developed physical, psychological and cognitive impairment due to the delay.
Genetic testing
In denying its actions caused Calum’s conditions, the HSE asked for his parents to undergo genetic testing to see if they have a particular gene that could explain his presentation, the court heard.
Dr O’Mahony said his legal team took issue with the request. If the gene was present, it could potentially have explained symptoms and Calum’s claim could have been reduced to below €5 million, he said.
Given this risk, the team recommended accepting the €14 million sum along with his legal fees.
Mr Justice Coffey said he had “no hesitation” approving the agreement.
Calum’s High Court action claimed the HSE negligently and/or in breach of duty failed to properly examine, investigate and manage Ms McCarthy’s labour. In particular, it was alleged, there was a failure to properly manage Calum’s delivery that means he continues to suffere severe personal injury and loss.
He was permitted to be deprived of oxygen and to suffer foetal distress and injury due to the HSE’s alleged failure to stop oxytocin infusion when the mother’s contraction frequency exceeded five in 10 minutes, it was claimed.
There was also an alleged failure to intervene in time to protect Calum from alleged ongoing oxygen deprivation prior to birth.
The HSE gave formal consent in court to the settlement.
Outside of court, Ms McCarthy said it is a “big relief our fight is over”. She was happy to get an apology from the hospital, which, she said, was “the main thing we wanted”. She thanked her family, lawyers and Calum’s teachers for their support.
