The High Court has approved an interim settlement of €1.35million in the case of a 6-year-old girl with cerebral palsy who sued over the circumstances of her birth at Cork University Maternity Hospital.
The €1.35million payment is for the next five years, after which the case will return to court for an assessment of her future care needs.
The court was told the girl's mother attended Cork University Maternity Hospital in June 2016.
It was agreed that the CTG trace, which monitors the baby's heartrate, would be reviewed during the obstetric ward round for the early morning shift handover, but the review did not take place, the court was told.
When the baby was born later, she was in poor condition.
The girl’s mother told the court the birth of her daughter had been very traumatic, as she did not breathe immediately, and she had to have brain cooling treatment for the first four days of her life.
This meant they could not hold her.
She said an MRI later showed a brain injury.
As part of the legal action against the HSE, it was alleged there was a failure to carry out a requested obstetric review of the CTG trace during a two-hour period on the morning of the delivery, when it was claimed the CTG trace was unusual or difficult to interpret or when there was a non-reassuring foetal heart rate pattern.
The CTG, it was claimed, had been discontinued on the morning of the delivery, when it was claimed it was not reassuring and should have been continued.
It was further claimed there was an alleged failure to expedite the delivery.
Senior Counsel Liam Reidy said the girl had achieved a huge amount in relation to motor and cognitive functions "thanks to the exemplary and total care" provided by her parents.
He said the little girl’s mother had opted for the Domino Scheme in Cork University Maternity Hospital, which involves midwife-led care and natural labour and delivery.
Approving the settlement, which allows for an interim payment for the next five years, Mr Justice Paul Coffey praised the girl’s parents for "the magnificent care they have given her since her birth".
The girl cannot be identified by order of the court.
