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Court approves €8.5m settlement for birth injury

The High Court previously ruled the Coombe Women and Infants University Hospital was liable for the injuries sustained by Eoin Dunne
The High Court previously ruled the Coombe Women and Infants University Hospital was liable for the injuries sustained by Eoin Dunne

The High Court has approved a settlement of €8.5m in the case of a 12-year-old boy who suffered catastrophic injuries at birth.

The court previously ruled the Coombe Women and Infants University Hospital was liable for the injuries sustained by Eoin Dunne of Seapark, Malahide, Co Dublin in July 2002.

Two years ago he received an interim settlement of €2.9m.

Eoin's parents, Mark Dunne and Dr Fiona Murphy, said the lengthy legal process was extremely stressful and they felt it was unnecessary and the case could have been settled years ago.

This afternoon they said they were relieved the case was now over.

After a hearing two years ago the High Court found there was an unacceptable delay in ventilating the baby.

The court found his devastating injuries could have been prevented if he had been intubated in the first ten minutes of his life.  Instead it was 17 minutes before he was ventilated and as a result he has severe cerebral palsy and cannot walk or speak.

He is totally dependent on others for all his needs.

In 2013 Judge Michael Moriarty said it had been "a harrowing, taxing and difficult case" for the family.

The action was brought on Eoin's behalf by his mother, Dr Fiona Murphy, an anaesthetist.

Today Mr Justice Kevin Cross said he had no hesitation in approving the settlement for €8.5m.

The judge said he wished Eoin Dunne and his family all the best for the future.

Dr Fiona Murphy said the case had been fought every step of the way and she believed this was unnecessary as the case could have been settled years ago.

Despite her medical background she said she was "a mother first" and had found the whole legal process extremely stressful.

She said had she known in advance what it would be like she may not have taken the case but today she was glad she did and was relieved it was over.

She said her son was a happy boy with lots of interests and the settlement meant he would get the care and equipment he needs.