The High Court has approved an interim payment of €1 million as part of a settlement for an eight-year-old girl who was brain injured at birth after it was claimed the mother's heart rate was recorded instead of the baby's.
The Court was also told that a "personal and private letter of apology" has been sent by Cork University Maternity Hospital to the girl, who cannot be identified by order of the court.
Senior counsel Oonagh McCrann said signs of foetal distress were not recognised as staff looked at the CTG trace for the mother rather than the baby's heartbeat.
Liability in the case was admitted in the case in 2019 but causation remained an issue and today the case was settled on an interim basis and is due back before the court in five years time.
The girl had through her mother sued the HSE claiming the CTG monitoring trace had been disconnected during a transfer of the mother and later recommenced.
However, when restarted the maternal heart rate was being recorded by both the maternal pulse probe and the CTG with the result that the foetal heart rate was not being recorded.
It was claimed that staff assumed that the maternal heart rate was that of the baby.
The mother was later transferred to theatre and the baby was born by emergency caesarean section and required ventilation and intubation at birth.
Ms McCrann said the baby girl had a brain injury but due to the "heroic efforts by the parents and her own resilience", the young girl has made almost "a miraculous recovery" and is able to take part in all activities.
She had also undergone intensive therapies to help her.
The €1,050,000 settlement relates to past and future special damages and is for the next five years. Ms McCrann told the court that it is not clear how the girl is going to progress but other matters will be assessed in 2028.
Approving the settlement Mr Justice Tony O'Connor said he had real admiration for the girl and her resilience and the devotion of her parents.
