University Maternity Hospital Limerick and the Health Service Executive have apologised to a four-year-old boy for the shortcomings in care at the time of his birth.
The apology was read in the High Court to Jamie Roche from Nenagh, Co Tipperary, as part of the settlement of his action.
Jamie, who has cerebral palsy will receive an interim payment of €7.5 million to cover the next six years.
Mr Justice Paul Coffey was told he needs the highest level of care and the work of his parents to care for him could only be described as heroic.
In the letter of apology which began "Dear Jamie", the HSE and the hospital said they wanted to sincerely apologise to him and to his family for the shortcomings in care that occurred on 18 August 2018 relating to his condition at birth.
The letter acknowledged "that the outcome was devastating for you and your family and has had a profound and lasting effect on you all".
The letter from UL Hospitals Group Chief Operations Office Noreen Spillane said the willingness of Jamie's family to share their experience "was invaluable" in allowing the hospital to learn and to make recommendations to improve the systems and processes in place for the delivery of maternity services.
In a statement to the court Jamie’s mother Sinead Roche said they were happy with the settlement.
"While we so desperately wish that the reality of Jamie’s life could be different, it doesn’t take from how immensely proud we are of him and all he has achieved," she said.
She added that they lived with grief and sadness over what was taken from Jamie but she said both he and his little sister brought them more joy than they would ever be able to put in words.
Jamie’s counsel Oonagh McCrann told the court that Jamie suffered a hypoxic brain injury. She said it was their case that there was a total failure to properly interpret the CTG trace which monitors the baby’s heartbeat before birth which they would say was pathological.
She said there was "a maverick approach to the CTG" and a consultant who was there is no longer practising.
The settlement includes €4.2m towards the boy’s care until 2029.
Jamie had, through his mother, sued the HSE over the circumstances of his birth at University Maternity Hospital, Limerick on 18 August 2018.
It was claimed that at 2pm the CTG trace was noted as abnormal, but notwithstanding the classification as being pathological it was claimed no steps were taken to arrange for the urgent delivery of Jamie. He was delivered at 4.20pm and it was claimed as a result of the alleged delay the baby allegedly suffered a brain injury.
It was claimed there was a failure to take any or any appropriate steps to arrange for the urgent delivery of the baby following upon a CTG classified as pathological and an alleged failure to take appropriate steps to ensure the baby was delivered safely and in a healthy and unharmed state.
Approving the settlement, Mr Justice Paul Coffey saluted the heroism of Jamie's parents. The case will come back before the High Court in 2029 when Jamie’s future care needs will be assessed.
