The High Court has approved a settlement of €7 million in the case of a now 13-year-old boy with cerebral palsy who sued over the circumstances of his birth and aftercare at University Hospital Waterford.
Darragh Dooley's mother, Louise, told the High Court it was disappointing that her son had to wait 13 years for the case to conclude and said the money from the settlement will now help to provide for his future care needs.
The court heard Darragh, from Kilmeaden in Co Waterford, is profoundly disabled and has been cared for round the clock by his family with only four hours a week of nursing support from the HSE.
Today's settlement was made without an admission of liability.
Senior Counsel Liam Reidy told the court Louise Dooley had a glucose test at 28 weeks pregnant, which did not show indicators of diabetes.
It was claimed that because of other factors, the test should have been repeated at 32 weeks, which would have shown gestational diabetes.
Mr Reidy said, if it had been diagnosed, there were various therapies which could have been availed of in relation to the placenta.
It was also claimed that the birth of the baby should have been expedited and he should have been born 18 minutes earlier. He said Darragh was born in very poor condition and had to be resuscitated.
He had sued the HSE over the circumstances of his birth and aftercare at University Hospital Waterford on 24 October 2009.
It was claimed that there was also an alleged failure to refer the baby after his birth for treatment by way of induced hypothermia and an alleged failure to respond appropriately to the condition of the baby at birth.
All of the claims were denied.
Ms Dooley told the court her "beautiful firstborn son is adored and cherished" adding: "Considering Darragh is profoundly disabled with a life-limiting condition, it is very disappointing to have to wait 13 years for this day to come. Considering how important early intervention is for children like Darragh, this needs to change."
She added: "There is no amount of money that will compensate Darragh for the loss of the life he should have had. We are happy to have been awarded a settlement and we are relieved to know that we will be able to cater for Darragh's future needs, equipment and therapies, which has been lacking over the years.
"We will finally be able to have some much-needed nursing support going forward, rather than the four hours a week the HSE currently provides us."
Ms Dooley told the judge during her pregnancy she and her husband Dermot spoke about their hopes and dreams "for our first baby's future life".
"Unfortunately, all our hopes and dreams were quickly shattered when Darragh arrived into the world on 24 October 2009," she said.
Darragh, she said, has cerebral palsy, epilepsy, global development delay, a visual impairment, has one functioning kidney, and is peg fed through a tube into his tummy. She said he cannot walk, talk or sit unaided and requires round-the-clock care day and night.
She said Darragh is generally in good humour and loves music, stories, swimming and horse riding but suffers from repeat infections and sometimes requires hospitalisation.
Approving the settlement, Mr Justice Paul Coffey conveyed his best wishes to Darragh and "his wonderful parents".
