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Child Awarded Interim Compensation Settlement for Birth Injuries

Posted: January 20th, 2017

A young boy, who sustained severe birth injuries because of a delayed Caesarean section, has been awarded €1.35 million.

The claim for medical negligence compensation was made on behalf of a six-year-old boy from Bantry, Co. Cork. He was delivered at Cork University Maternity Hospital in March 2010. The boy had been suffering from foetal distress syndrome before he was born, though the claim alleges that medical staff failed to correctly diagnose this from the results of a CTG scan.

As such, there was a delay in performing a Caesarean section on the boy’s mother. This lead to an oxygen-deprived environment in utero and the boy suffered from hypoxic ischaemic encephalopathy, resulting in severe brain damage.

The extent of the brain damage has left the young boy unable to speak, see and suffering from daily seizures. He is cared for at home by his parents and extended family, but receives additional support from the Jack and Jill Foundation.

Acting on her son’s behalf, the boy’s mother made a claim for medical negligence compensation against the Health Service Executive (HSE). Though the HSE denied the allegations of negligence, they agreed to pay an interim settlement of compensation of €1.35 million without admitting liability. The settlement allows for an assessment of the boy’s condition and future care needs.

The child’s mother consulted a medical negligence solicitor before making a claim for compensation on her son’s behalf. The claim was made against the Health Service Executives, who contested the allegations of negligence. However, they offered to pay a €1.35 million interim settlement of compensation without admitting liability. Further assessments of the boy’s condition and care needs will be conducted before another settlement is paid.

As the claim was made on behalf of a minor, the settlement had to be approved in court before it could be awarded. During the hearing, the family detailed their difficult journey in claiming compensation and expressed their relief that the process was finally over. Wishing the family the best for the future, Mr Justice Kevin Cross approved the settlement and adjourned the case for three years.

Categories: Child Accidents

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