15-year-old Rory Saunders has taken a €60,000 birth injury compensation action against the master of the National Maternity Hospital and Dr Stephen Carroll, the surgeon who performed the Cesarean section procedure as he medical negligence at childbirth inflicted him with a cut on his cheek.
Rory’s legal representative Barrister Mark O’Connell informed Circuit Court president Mr Justice Raymond Groarke that his (Rory’s) cheek was cut when he was being delivered by Cesarean Section on September 9, 2003.
O’Connell told the judge that the Caesarean delivery injury compensation action as Rory’s left cheek was cut by the scalpel used in the clinical procedure that Dr Carroll carried out. After the clinical procedure was completed the cut was cleaned out and Steri-Strips were put implemented.
Rory’s permanent 2.5cm cheek scar can be seen when standing close by to him and is more visible during the summertime. The cheek scar has become stressful for Rory as he has been on the receiving end of negative comments during school and among his friends.
The claims were not accepted by Dr Carroll, who is a consultant obstetrician and gynaecologist and an expert in high-risk pregnancies, and the National Maternity Hospital. Plastic surgeon Matt McHugh said that they were of the opinion that the scar was not going to improve in the future.
Judge Groarke considered the medical reports provided by two eminent consultants into court and was also told that a birth injury compensation offer of €25,000 had been put on the table.
He (Judge Groarke) said he was not happy with the compensation offer before the court. he was of the opinion that one of the medical reports appeared to give “a very blunt view” on the injury. He felt this particular expert, who had not seen his colleague’s medical report before formulating an opinion, should be asked to review the other medical report.
The birth injury compensation proceedings were adjourned until such time as the authors of the reports can reconsider the facts.