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Woman awarded €20.5m for brain injuries at birth

Mr Justice Paul Coffey praised the girl's parents for their care of their daughter
Mr Justice Paul Coffey praised the girl's parents for their care of their daughter

The High Court has approved a settlement of €20.5m in the case of a woman allegedly brain injured at birth.

The woman, who cannot be identified, was born by emergency Caesarean section in the 1990s at a Limerick hospital.

Her lawyers told the court valuable time had been lost before the baby was delivered.

They said there was an alleged failure to take immediate steps to protect against pressure on or compression of the cord when the cord prolapse occurred prior to delivery.

It was also claimed there was a failure to manage the labour and delivery appropriately.

As a result, it was claimed the woman suffered brain damage and is cognitively impaired and has other deficits and weakness down one side.

The HSE admitted a breach of duty in the management of the labour of the girl's mother and the delivery of the baby at St Munchin’s Regional Maternity Hospital, Limerick.

However, it denied that the admitted breach of duty caused the entirety of the baby’s alleged personal injuries.

Dr John O’Mahony SC told the court that a vacuum assisted delivery was attempted, but was unsuccessful.

He said it was their case that this was a highly risk procedure to attempt at that time and valuable time was lost.

The baby was then delivered by emergency caesarean section. The baby girl was in very poor condition when she was born and her only sign of life was a slow heartbeat.

She was ventilated and intubated and was kept in the hospital special care unit for ten days.

Counsel said she failed to reach her developmental milestones in sitting, standing and walking and also suffered seizures.

Dr O’Mahony told the court the woman will never be able to have a job and requires ongoing care.

He said the settlement against the HSE, represents two thirds of the full value of the case.

Approving the settlement, Mr Justice Paul Coffey said he was delighted there had been a resolution to the family’s satisfaction and he commended her parents for their care of their daughter.