The High Court has approved a further €1m interim payment in the case of an 11-year-old girl who was brain damaged after a failure to diagnose a serious medical condition in her mother in the days before her birth.

Four years ago, Ruby McCandless settled her case against the Health Service Executive and received an interim payment of €1.4m.

Ruby has dyskinetic cerebral palsy and will require lifelong care. She suffered her injuries as a result of her mother not being referred to hospital with symptoms of pre-eclampsia, it was claimed. 

Senior Counsel Des O'Neill told the court that Ruby's mother, Christina McCandless, had high blood pressure at the end of her pregnancy and should have been referred to hospital immediately.

Through her mother, Ruby, of Foxwood, Gleneely, Co Donegal, sued the HSE in relation to the care Mrs McCandless received at the end of her pregnancy in 2006.

It was claimed there were failures to diagnose and treat pre-eclampsia at the earliest reasonable opportunity and to have her admitted to hospital to have her high blood pressure properly managed.

In 2014, the High Court approved a settlement including an interim payment of €1.45m to cover care to 2018.

When the case came back before the court today, Mr Justice Peter Kelly was asked by Mr O'Neill to approve a further payment of €1m for the next four years, to include payments to assist Ruby's parents, her main carers, in providing her care into the future.

The judge said he was satisfied it was a good settlement and perfectly adequate to meet her future care costs over that period.

He was also glad to be told by the child's parents they were satisfied with the settlement.

Mr Justice Kelly adjourned the matter to March 2022 on the understanding the parents would have the option of a further interim settlement or lump sum payment.

He was hopeful the legislation necessary to provide for periodic payment orders, which was passed last year, would be commenced "long before 2022" and the parents had the option to avail of that.

Outside court the family solicitor David O'Malley, said they were happy with the settlement but he said politicians should remedy the "fundamentally flawed" periodic payments legislation.

It will not ensure the lifelong needs of the catastrophically injured will be sufficiently funded, he said.

In 2014, the court was told that at her final antenatal check-up at an outreach clinic in Carndonagh Community Hospital in March 2006, Mrs McCandless had her blood pressure taken four times because nurses were so concerned about it.

However, the consultant who reviewed her said her high blood pressure was a borderline case and told her to attend her GP three days later.

She was not warned about the possibility or symptoms of a serious complication of maternal high blood pressure - pre-eclampsia.

Two days later, she suffered an eclamptic seizure at home, which deprived her baby of oxygen.

Ruby suffered serious brain damage and will need constant care for the rest of her life.