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€1.7m Interim Payment for 2 Year Old Baby following Brain Injury

Posted in News on Tuesday, November 8th, 2016

The medical negligence team recently compromised a claim for a 22 month old little boy, who suffered a devastating brain injury as a result of negligence at Cork University Maternity Hospital.   

The baby was being breastfed after his delivery when he suffered a “sudden unexpected post-natal collapse” which was unidentified, as the staff had not monitored him adequately.  The problem was compounded by broken equipment and bad lighting in the Delivery Suite.

 A midwife was required to hold a faulty light in place as the suturing procedure was carried out on the baby’s mother. There was also a faulty mechanism on the bed and a malfunctioning stirrup, all giving rise to a delay in carrying out a procedure during which time the baby suffered significant compromise.

During this time, in spite of the baby’s mother raising concerns as to the wellbeing of her child, she was reassured that all was well.   It was later found that the baby was in a state of very severe collapse.  

In the High Court on Tuesday 25th October 2016, Mr. Justice Kevin Cross approved an interim three year settlement for this little boy in the sum of €1.7m.   During the course of the ruling, the child’s mother gave evidence that whilst mistakes were made, she did not have any bad feeling towards the midwife. She said when her baby was discharged from hospital, she and her partner were told that he would be tetraplegic, and might only live 8 to 10 months but he has defied all the odds.  While he was initially cared for in ICU with a very bleak prognosis – discharged from palliative care, he now shows impressive cognitive function, eats, speaks, sings and communicates.   Physically, he is improving all the time. 

With the benefit of the funds recovered, this family will now move to California for the next three years, so that their child can receive specialised “Anat Baniel therapy” which has benefited him so much to date. 

In approving the settlement, Mr. Justice Cross praised the “remarkable care” that this little boy’s parents had given him.   He said it was a happy story and he congratulated all sides, including Cantillon Solicitors, for bringing on this case in record time, and the HSE’s attitude to this case, whereby liability was admitted as soon as investigations were complete.  

In a statement issued in the aftermath, the mother thanked her legal team, and stated that the efficiency of bringing this case on for trial is literally the difference between whether or not this little boy will walk or not.

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.

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Ernest J. Cantillon

Managing Partner

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