Boy awarded €8.5m for brain injury at birth

Friday 29 November 2013 22.49
The High Court awarded €8.5m to Dylan Gaffney and his family
The High Court awarded €8.5m to Dylan Gaffney and his family

A settlement of €8.5m has been made to the family of a young boy who suffered catastrophic brain injuries during birth.

The Health Service Executive admitted liability last year in the case of Dylan Gaffney, who was born at Waterford Regional Hospital in July 2007.

His family had requested that he be delivered by Caesarean Section following problems that his mother, Jean Gaffney, had encountered in previous pregnancies.

The family was dissuaded from this and the request was dismissed.

Ms Gaffney's womb ruptured during labour on 22 July 2007 and Dylan sustained brain damage as a result.

He was later diagnosed with cerebral palsy and requires 24-hour care.

In the High Court this morning, Ms Justice Mary Irvine noted that this was the second case in recent days that the HSE had held off on admitting liability in the case of a child who sustained catastrophic injuries during birth.

She said this was highly regrettable and had caused the family fear and stress.

Dylan's father Thomas Hayes said the family had been left "wrecked" and their lives had been torn asunder by the ordeal.