The High Court has approved a €9.1m birth injury compensation settlement for a seven-year-old boy with cerebral palsy in relation to the circumstances of his birth at Cavan General Hospital in 2011.
The boy, Jarrah Folkman, is unable to talk or walk, and his mother – Elysha McCrudden – stated in the High Court on Tuesday she will never hear her son’s voice. Reacting to the settlement she said it will go a long way towards her son’s future treatment but she regretted that windows of opportunities for Jarrah had been lost. She went on to say that she and Jarrah’s father Ben Folkman have been made feel that what happened was their fault at times over the last seven years.
Mr Justice Cross, in approving the birth injury compensation settlement against the Health Service Executive, praised Jarrah’s parents for the care they have given him at all times since his birth.
Through his mother Jarrah, with an address at Station Road, Cootehill, Co Cavan, took the birth injury compensation action against the HSE in relation to the circumstances of his birth at Cavan General on April 19, 2011.
In the High Court it was stated that there was an alleged failure to correctly interpret the CTG trace which showed a number of decelerations when Ms McCrudden was admitted to the hospital on April 15, 2011. Ms McCrudden was sent home and she returned to the hospital two days later.
It was also alleged that after Ms McCrudden’s admission the initial CTG trace was not noted as decelerative and a plan was not put in place to continue close monitoring and and prepare for an expedited delivery.
Counsel for Jarrah, Denis McCollough SC, alleged that an unsafe set of conditions had persisted during the course of the labour. The baby, it was claimed, should have been born on April 16. Mr McCollough told the court that Jarrah was flat and unresponsive when he was finally delivered and required resuscitation.
Liability was accepted in the case which was before the court for assessment of final damages only.