STATEMENT OF JEAN GAFFNEY AND THOMAS HAYES<\/p>\n
DATED 29TH NOVEMBER 2013<\/p>\n
RE:\u00a0 DYLAN GAFFNEY<\/p>\n
We are delighted that our long fight is over.\u00a0 Our son Dylan was our second child, a brother for Shauna.\u00a0 Shauna’s labour and delivery were complicated and she was delivered by an emergency caesarean section. Therefore, we specifically requested a caesarean section for Dylan\u2019s birth but that request was dismissed out of hand.\u00a0\u00a0 We were told Jean would be looked after but she was not. When Dylan’s labour stalled, instead of doing a caesarean section, the Doctors gave drugs which caused Jean\u2019s womb to rupture and as a result, Dylan sustained brain damage.\u00a0 Dylan was much planned and longed for.\u00a0 We were distraught when we discovered he had a diagnosis of Cerebral Palsy and when we asked why or what was the cause of Dylan\u2019s condition, we were told by the Obstetrician that “there would be no cover up” and \u201cwe will not be defending this\u201d.<\/p>\n
We felt in our hearts and in fact knew that the labour and delivery of Dylan at Waterford Regional Hospital on 22nd July 2007 was mismanaged.\u00a0 When we could not get any answers from the HSE we went to Cantillons Solicitors.\u00a0 To our horror (but not to our surprise) Cantillons, having commissioned independent medical reports, told us that Dylan\u2019s condition was indeed caused by the mismanagement of the labour.\u00a0 Dylan\u2019s condition could have been avoided totally if the labour was managed appropriately.\u00a0 This is what we always suspected and what indeed the Obstetrician told us was the position.<\/p>\n
We then asked Cantillons to write to the State Claims Agency (SCA) and the HSE setting out what they (Cantillons) had learnt from their investigations.\u00a0 This Cantillons did on the 9th June 2009 in some detail, setting out precisely what was wrong and why it was wrong.\u00a0 We understand that this is not usually done, that proceedings are usually issued but, in this instance, Cantillons set out what happened to Jean and Dylan in some considerable detail.\u00a0 However, they received no response from the Agency known as the State Claims Agency, which the Government appointed to handle cases such as ours against the HSE.\u00a0 Someone needs to answer why.\u00a0 Dylan could then have been compensated without all the stress that we have had to undergo. We were threatened with costs being awarded against us. Why? Particularly when they knew that they had grievously damaged our only son. Legal proceedings then had to issue. To our surprise and horror the State Claims Agency put in a Defence which denied everything.\u00a0 We could not understand and still do not understand how this happened, having regard to the fact that the Obstetrician had admitted there was an error.\u00a0\u00a0 Cantillons\u2019 independent reports found that there was an error. \u00a0We knew there was an error.\u00a0 We believe everybody knew there was an error, which caused Dylan\u2019s condition.\u00a0 Why did this happen?\u00a0\u00a0 <\/p>\n
It is now some three years later, considerable legal expense has been incurred, and considerable distress has been caused to us.\u00a0 During the course of negotiations, we made it clear, through our legal representatives, that the case could be resolved for the sum of \u20ac8.5 million.\u00a0 Yet it has taken 11 days of hearing in the High Court and they have now offered this sum.\u00a0 In fact, some days ago, the lawyers for the SCA came to us and indicated that if we asked them for \u20ac8.5m that they would recommend it to the SCA.\u00a0\u00a0 We duly took the unusual course then of asking them for that sum and the following day they rejected our request. \u00a0\u00a0They then came back with an offer of \u20ac8m.\u00a0 Yesterday at lunchtime they offered \u20ac8.250m and that was rejected.\u00a0 Within 10 minutes they came back with \u20ac8.5m.\u00a0 Why were these games being played?\u00a0\u00a0 <\/p>\n
They have not had the decency to apologise to us.<\/p>\n
We live in a very confined house which is totally unsuitable for Dylan, who has to mobilise with a wheelchair from time to time. There is no downstairs toilet.\u00a0 We sought a payment on account to enable us to buy a house in a suitable location.\u00a0 A suitable house was identified and approved of by independent Engineers.\u00a0 The State Claims Agency were asked to make a modest payment on account to enable us purchase this suitable house for Dylan.\u00a0 The State Claims Agency refused to pay it. They dragged us out to the last.\u00a0 Why?\u00a0 Who was directing this approach?\u00a0\u00a0 We have been dealt with in an appalling way firstly, by the HSE and latterly by the SCA.<\/p>\n
However, as we say, we are delighted that this ordeal is over.\u00a0 We should add that Judge Irvine dealt with us in a most courteous and respectful fashion and for that we are grateful.\u00a0 We do not wish anything we have said to be taken as a criticism of the legal or Court system.\u00a0 Far from it, we regard the legal system as Dylan’s great equaliser.\u00a0 Our criticism is, on the contrary, directed at the HSE and State Claims<\/a> Agency who at the 11th hour have at last agreed to pay Dylan what he deserves.\u00a0 We consider that the HSE and SCA have abused the legal system by failing to deal candidly and fairly with Dylan.\u00a0 <\/p>\n A couple of days ago when one of the doctors giving evidence for Dylan changed her view the HSE sought an order for costs against Dylan for that days hearing.\u00a0 Again we ask why and who is, in after all our name and Dylan’s name as Irish citizens, directing this type of approach?\u00a0 The approach is one of poker in which the SCA seek to take advantage of every slip up to use it as a bargaining tool to pay Dylan a lesser sum.\u00a0 Why?<\/p>\n It is great that we can now set about buying a suitable house for Dylan and avail of all the therapies he so desperately needs to improve the quality of his life.<\/p>\n We hope that no other family has to go through what we went through.\u00a0 Finally, we would like to express our gratitude for the great support that we got from our family and friends and to all at Cantillons, particularly Pat Daly, Suzanne Buckley and Dylan’s Counsel Liam Reidy, David Holland and Pearse Sreenan who all worked tirelessly to get Dylan what he deserves.<\/p>\n If you are looking for a Birth Injury Claim<\/a> Solicitor, please contact Cantillons Solicitors using the contact form below, call us on +353 (0)21 4275673 or email us at info@cantillons.com<\/a> for more information. Our offices are located at 39 South Mall, Cork. We do, however, represent clients from all over Ireland. Should you be unable to attend our offices, we are more than happy to travel to you, or conduct the meeting on Zoom.<\/p>\n * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as \u201cno win no fee Solicitors Cork\u201d. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"STATEMENT OF JEAN GAFFNEY AND THOMAS HAYES DATED 29TH NOVEMBER 2013 RE:\u00a0 DYLAN GAFFNEY We are delighted that our long fight is over.\u00a0 Our son Dylan was our second child, a brother for Shauna.\u00a0 Shauna’s labour and delivery were complicated and she was delivered by an emergency caesarean section. Therefore, we specifically requested a caesarean […]","protected":false},"featured_media":0,"menu_order":0,"template":"","acf":[],"yoast_head":"\nContact Our Birth Injury Claim Solicitors<\/h3>\n