The High Court has approved an interim settlement of €2.45m in the case of a four-year-old boy with cerebral palsy who sued over the hospital care received around the time of his birth.
The court was told Noah Bracken, Four Mile House, Co Roscommon, had sued through his mother Lisa Ward.
Ms Ward had gone to Portiuncula Hospital, Ballinasloe, Co Galway, on 24 October 2019, suffering from hypertension.
She was given blood pressure medication and there was a plan to attend her GP for repeat blood tests, and for an induction of labour later.
Senior Counsel Bruce Antoniotti said that after she left the hospital a consultant advised that she be asked to return for observation, but Ms Ward said she did not receive that phone call.
The court was told there is a dispute over the matter and the HSE contended that when she was contacted the next day Ms Ward allegedly said she would prefer to stick with the pregnancy management plan. Ms Ward disputes this.
On 27 October, Ms Ward presented at the hospital and Noah was delivered on the morning of 28 October.
The court was told he has cerebral palsy and uses a wheelchair and has difficulty with speech.
The High Court action related to the care given before and after his birth.
It was claimed there was a failure to obtain appropriate specialist or expert opinion and to alert the mother to the potential seriousness of her condition and to offer her appropriate monitoring and review prior to discharging her from the ante-natal clinic on 24 October.
It was further maintained there was an alleged failure to ensure a timely delivery of Noah.
The HSE denied all claims and contended that a number of offers to expedite delivery were declined and the mother allegedly decided to continue with her pregnancy management plan.
The settlement was reached without an admission of liability.
The court was told Noah's parents had spent all their savings on therapies for their young son.
Outside court, Noah’s solicitor Dolores Gacquin said Noah was a beautiful little boy "who melts every heart".
She said his parents Lisa Ward and Jason Bracken had dedicated "every hour of every day and night to caring for Noah".
She said the interim settlement which is for the next five years will help ensure that Noah's every need is met and will go some way towards making life more pleasant and comfortable for Noah and his parents.
Approving the interim settlement, Ms Justice Leonie Reynolds said the parties were to be commended for reaching a settlement when Noah was still in his developmental years.
The judge said the little boy will now be able to get all the assistance he requires at a very important time in his life.
The case will come back before the court in five years' time when Noah’s future care needs will be assessed.
