A woman with cerebral palsy who sued over the management of her birth at the private Mount Carmel Maternity Hospital has settled her High Court action for €9.75 million.
Rianna Dempsey (20), who was the firstborn of twins, is profoundly neurologically impaired, has to use a wheelchair and is entirely dependent on others, Mr Justice Paul Coffey was told.
Her counsel, Sara Antoniotti SC, instructed by Augustus Cullen Law, told the court the action is against the representatives of the estate of a consultant who is now deceased and Mount Carmel Medical Group (South Dublin) Ltd, which has since gone into liquidation.
She said, as part of the settlement, the costs of the action are to be paid by Mount Carmel Medical Group (South Dublin) Ltd in liquidation and the State Claims Agency also indemnified all defendants.
Ms Dempsey, from Quill Road, Kilmacanogue, Co Wicklow, had through her mother, Lorraine Dempsey, sued the representatives of the estate of the late consultant gynaecologist and obstetrician Patrick Tunney, as well as the company in liquidation which operated Mount Carmel Maternity Hospital in Churchtown, Dublin.
She said the case concerned the medical management of the mother in the latter stages of pregnancy.
Ms Antoniotti told the court the settlement represented a discount of about 25-30 per cent as there were certain issues in the case.
Counsel said Lorraine Dempsey had been admitted to the hospital on September 18th, 2003.
Three days after the hospital admission, Ms Antoniotti said Ms Dempsey experienced a placental abruption and the twins were delivered by caesarean section. She said it was their case the rupture caused devastating injuries to Rianna.
It was claimed there was a failure to manage the mother’s pre-labour rupture of membranes at term in a proper and appropriate manner.
It was also claimed there was a failure after a period of conservative management to ensure active management of the mother’s pre-labour rupture by way of induction of labour or caesarean section.
All claims in relation to the management of the labour and delivery were denied.
Ms Antoniotti said Rianna’s family has provided extraordinary care to her over the years.
Approving the settlement, Mr Justice Paul Coffey conveyed his best wishes to Rianna and her family.
Mount Carmel no longer operates as a maternity hospital after the company behind it went into liquidation a number of years ago.
