12-year-old Samuel Forde , who who sued the Health Service Executive in relation to the circumstances of his birth at Sligo General Hospital has settled his High Court Cerebral Palsy Compensation action for €10.5million.
Samuel, who lives at Glenview Park, Grange, Co Sligo had taken the birth injury compensation action through his mother Deborah Forde. Through his legal counsel, Des O’Neill SC, it was claimed there was an alleged failure to promptly diagnose and act upon the baby’s condition, there was an alleged failure to admit Mrs Forde to hospital on August 19, 2006 when her condition and that of the baby could be monitored and acted upon appropriately and that the pregnancy was allowed to continue well past its due date resulting in the failure to deliver the baby at an appropriate stage.
The claims were denied by the legal team for the Health Service Executive.
Mr Justice Kevin Cross was informed that Mrs Forde had gone for a check up on August 15, 2006 which indicated that nothing was out of the ordinary. However, two days later she attended the hospital as she thought she might be in labour. At this point in time a CTG was applied to monitor the baby’s heartbeat .
Mrs Forde attended the hospital again two days later but was told she could return home after a number of tests were carried out. Following this a midwife checked with her, over a phone call, regarding the baby’s movement and when she reported less movement on August 20 she was told to return to hospital at once. A CTG and checks were completed again and Samuel was born by cesarean section August 20,2006 and he had to be intubated.
The High Court was informed that Samuel has cerebral palsy which has completely impacted his existence and the requirements for the future are thorough extensive including lifelong care.
The Judge was informed that the Forde family only initiated court proceedings after they sought legal advice a few years ago when Samuel’s medical card was withdrawn a few years ago.
Outside court solicitor David O’Malley for the Fordes said the family wished for Samuel to have a life which is “as happy and as included as possible. Hopefully the financial settlement can bring him that stability. Mediation was a very effective mechanism to resolve this case”.
In approving the settlement, without admission of liability, Justice Kevin Cross said the Fordes had looked after their son “over and above” and he wished “the loving and protective family” the best for the future.