skip to main content

€1.8m settlement for boy over kidney damage at birth

Yan Sun was delivered by Caesarean section at Cork University Hospital on 12 February 2010
Yan Sun was delivered by Caesarean section at Cork University Hospital on 12 February 2010

The High Court has approved a settlement of €1.8 million in the case of a ten-year-old boy who suffered kidney damage at birth.

Yan Sun, from Drumcondra in Dublin, has had one kidney transplant and will require two more throughout his lifetime, the High Court was told.

He was delivered by Caesarean section at Cork University Hospital on 12 February 2010.

Lawyers for the boy said his mother had attended the emergency department reporting decreased foetal movement.

They said if a wave like pattern on a CTG monitor which indicated fetal anemia had been noticed and the baby delivered earlier he could have avoided "most or all of his injury".

When he was delivered he had suffered massive blood loss and renal damage, the court was told.

The HSE had denied the claims and said an earlier delivery would not have made any difference.

The boy sued the HSE through his mother, Lihong Wan, over the care he received at CUH.

Senior Counsel Bruce Antionotti said the boy had suffered massive blood loss but was fortunate there was no brain damage.

He had to be venitated for six days afterwards and was in hospital for 26 days after his birth.

The family had to move from Limerick to Dublin, where he attends hospital.

In his High Court action it was alleged there was a failure to identify the pattern of the CTG trace in time and a failure to carry out an earlier delivery.

It was further claimed there was an failure to promptly resuscitate the baby and an alleged failure to examine the baby's mother in any or any adequate way. 

The claims were denied and the court heard liability was at issue in the case.

Mr Antionotti said Yan Sun leads a full  and active life. He enjoys school and is doing very well and is fluent in both Mandarin and English.

Approving the settlement, Mr Justice Kevin Cross said he knew Yan Sun and his family had been through a lot but thankfully the boy has done much better.

The judge said the settlement was a very good one and he wished the family all the best for the future.

The High Court also heard that a separate action taken by the boy's mother had also been settled.