All Posts in Category: Childbirth Medical Negligence

Erbs Palsy Birth Injury Compensation Approved for Cork Girl

A teenager from Cork is set to receive 700,000 Euros after a proposed settlement for Erbs Palsy birth injury compensation was approved at the High Court in Dublin.

Aoife James, aged 14, from Douglas in Cork, was born in 1998 with Erbs Palsy – a condition also known as Brachial Plexus Birth Palsy, which is caused by the over-extension of the nerves between the neck and shoulder during delivery.

In the majority of cases, the nerves repair themselves within the first few months of an infant’s life, but in Aoife’s case the condition remained in her right side and she is unable to perform relatively basic tasks such as wash herself or dry her hair using her right arm.

Despite intense physiotherapy and two major operations, Aoife’s condition has not improved and claiming through her mother, Carol, that her condition was caused by medical negligence at the time of her birth, Aoife made a birth injury compensation claim against the attending consultant obstetrician – Patrick Kieran of the Cork Clinic, Western Road, Cork.

In her claim for Erbs Palsy birth injury compensation, Aoife alleged that she suffered permanent right-sided Erbs Palsy due to the obstetrician’s negligence, and that her severely functionally compromised upper right limb was responsible for a deterioration in her quality of life.

At the High Court, Ms Justice Mary Irvine heard that an offer of Erbs Palsy birth injury compensation had been made without admission of liability and the family were willing to accept it. Ms Justice Mary Irvine granted approval for the amount of 700,000 Euros, and ordered that it be paid into court funds until Aoife reaches the age of eighteen.

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Hospital Admits Wrongful Death Claim

The family of a man who passed away in hospital due to “an unjustifiable delay” in his treatment have received an apology from the hospital in question and 500,000 Euros compensation in settlement of their wrongful death claim.

Barry Murphy (38) from Carrigaline, County Cork, was known to suffer from Crohn´s Disease – but was usually in good health – when he was admitted to the South Infirmary–Victoria University Hospital on the morning of 24th April 2008 complaining of abdominal pains. Barry was diagnosed with a perforated bowl but, by the time the hospital operated on him, parts of his body had already shut down due to septic shock and he passed away at 11.15pm the same evening.

Barry´s widow, Mary, alleged that the hospital had not cared for her husband by failing to operate on him in time, and that they were guilty of medical negligence in the avoidable and wrongful death of her husband. The South Infirmary–Victoria University Hospital denied the claims at first, but in front of Mr Justice John Quirke at the Dublin High Court apologised to the family and admitted that the level of care that was provided for Barry fell short of an acceptable standard.

The apology and admission of liability for Mary Murphy´s wrongful death claim was accompanied with an offer of hospital wrongful death compensation for delayed treatment amounting to 500,000 Euros. Mr Justice John Quirke approved the settlement, once he had Mary Murphy´s agreement that it was agreeable, and extended his sympathies to Mary and her two daughters – commenting that what had happened to Barry was “unthinkable” and “tragic”.

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Hospital Birth Injury Compensation of 5.25 Million Euros Approved

A boy who sustained cerebral palsy due to a mismanaged birth has had the settlement of his hospital birth injury compensation approved by the High Court in Dublin.

Kyle McMahon from Nenagh in County Tipperary was born at the St Munchin’s Regional Maternity Hospital in Limerick the day after his mother – Theresa – had been admitted to the hospital suffering from raised blood pressure. Labour had been induced to speed up Kyle´s birth, however during his delivery Kyle suffered severe foetal stress and was starved of oxygen. After his birth, Kyle was diagnosed as suffering from cerebral palsy and now needs round-the-clock care.

In a claim for hospital  birth injury compensation made through his mother, it was alleged that Kyle´s injury could have been avoided with a better handling of the situation. Neither St Munchin’s Regional Maternity Hospital nor the Health Service Executive refuted the allegations, and a compensation package was agreed in respect of Kyle´s hospital negligence claim.

The High Court in Dublin heard that the case was before them for approval of the compensation settlement as Kyle is still under eighteen years of age.

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Cerebral Palsy Birth Injury Compensation Agreed for Boy

A young boy, who has left brain damaged and sufferingdue to negligence at his birth, has had his  cerebral palsy birth injury compensation settlement approved in the High Court.

Dontay Crooks (6) from Oxford was born in the city´s John Radcliffe Hospital in 2005, but difficulties developed during his birth which resulted in the young boy being starved of oxygen and sustaining a cerebral palsy injury as a result.

The High Court in London was told that Dontay now has little control over his limbs and is unable to walk. He is also visually impaired, has severe learning difficulties and suffers from bouts of epilepsy.

In the claim for cerebral palsy birth injury compensation made against the Oxford University Hospitals NHS Trust by Dontay´s mother, it was claimed that with better management of the birth Dontay would not had suffered such traumatic injuries and would be able to maintain a more normal life.

The John Radcliffe Hospital and Oxford University Hospitals NHS Trust accepted liability for Dontay´s injuries and agreed to an immediate lump sum settlement of 1 million pounds with further annual payments on a rising scale which will reach 140,000 pounds per year when Dontay reaches the age of eighteen.

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Cerebral Palsy Negligence Settlement by HSE in High Court

A seven year old boy, who was born with spastic cerebral palsy due to the negligence of nursing staff prior to his delivery, has had a partial cerebral palsy negligence settlement of more than one million Euros approved in the High Court.

Shane Kenny from Ballyduff, County Waterford, sued the Health Service Executive through his mother Catherine, due to alleged negligence in the events leading up to his birth at the Erinville Hospital, County Cork, on November 2nd 2004.

In the cerebral palsy negligence compensation claim, Mr Justice John Quirke at the High Court heard that there had been a failure to act on the results of a cardiotocogragh trace (CTG) which showed that the boy´s foetal heart rate was abnormal. Due to this oversight, Shane was delivered by forceps, which resulted in a partial hypoxic event.

The court was told that that, although Shane is able to attend mainstream education, he is not expected to achieve the required cognitive capacity to sit State exams and will never be capable of independent living.

Liability for Shane´s birth negligence injury was accepted by the Health Service Executive, and an interim settlement of 1,004,000 Euros had been agreed between the parties to cover past costs and expenses, and to provide care and education for Shane for the next two years.

Approving the cerebral palsy negligence settlement, Mr Justice John Quirke stated that he hoped legislation would be introduced within the next two years to facilitate periodic payments to those who had suffered catastrophic injury. The cerebral palsy negligence settlement does not account for Shane´s future loss of earnings, which will be agreed in a hearing to be scheduled next year.

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1.4 Million Euros Cerebral Palsy Settlement Approved in Court

A young woman, who was found to have cerebral palsy shortly after her birth, has had a  of 1.4 million Euros cerebral palsy compensation settlement approved in the High Court.

Deborah French (24) of Ballymitty, County Wexford, was found to be suffering with cerebral palsy shortly after her birth in August 1987 at Wexford General Hospital. Her parents brought a claim for birth injury compensation against consultant obstetrician Harry Murphy and the South Eastern Health Board, alleging that Dr Murphy had been negligent in the hours before and during Deborah´s birth.

The case was settled without admission of liability by the defendants, a course of action supported by Mr Justice John Quirke as he approved the cerebral palsy settlement, stating that the conflicting opinions offered by medical experts may have put the family at risk of getting no compensation in a trial.

The judge recommended that the funds be released to Deborah´s parents in annual increments of 100,000 Euros.

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Cerebral Palsy Injury Child Awarded Medical Negligence Compensation

A twelve-year-old girl, who sustained severe brain injuries due to mistakes made during her delivery, has been awarded 5 million pounds in a cerebral palsy injury child settlement.

Sophie Clarke (12) from Pontyclun, Rhondda Cynon Taf, was born in 1998 at Bridgend. However, a major abnormality of Sophie´s heart rate was not recognised, despite it registering on monitoring equipment.

Had staff at the Princess of Wales Hospital noticed Sophie´s condition, they would have intervened and delivered her by Caesarean Section. However, they allowed the birth to go on naturally, causing Sophie to suffer from a lack of oxygen in the womb.

Sophie suffers from serious cerebral palsy as a result of the errors made at the hospital and now needs twenty-four hour care, is fed via a tube and is restricted to a wheelchair.

Legal advisers acting on behalf of the family sued the Abertawe Bro Morgannwg University Health Board for negligence, and in a hearing at Cardiff Crown Court the negotiated settlement of 5 million pounds was approved.

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Undisclosed Settlement in Birth Accident Compensation Action

The Health Service Executive (HSE) has apologised to a family for the death of their young son from meningitis at Our Lady of Lourdes Hospital, Drogheda, County Louth, and resolved a claim for birth accident compensation in an undisclosed out of court settlement.

The family of four month old Dean Patrick Kenny from Drogheda, County Louth, brought a birth accident compensation action for wrongful death against the hospital and HSE, claiming that the hospital staff had failed to diagnose their son’s condition and discharged him when it was unsafe to do so.

The family claimed in their birth accident compensation action that Dean had been referred to the hospital with suspected meningitis by the family GP early in the morning of July 1st 2002. Dean was tended to and discharged, and the family went home where Dean’s condition continued to deteriorate.

After a later visit to their GP – where meningitis was confirmed – they returned to the hospital, but it was too late to save little Dean, who passed away that evening.

In their defence, the hospital and HSE denied birth accident negligence, and pleaded it had complied with general approved medical practices. They alleged that Dean did not show clinical features of bacterial meningitis and was feeding as normal.

However, shortly before High Court proceedings were about to commence, Mr Justice John Quirke was informed that the HSE had made an undisclosed offer of birth accident compensation settlement, which was accepted by the family, and the case was to be struck out.

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Clinical Error Admissions Likely Due to “Duty of Candour”

A member of a High Court working group, commissioned to investigate provision for the victims of catastrophic injury and headed by Mr Justice John Quirke, has announced that the working group is considering the introduction of pre-action protocols to reduce the financial burden to the State of clinical error admissions compensation claims.

Mr Michael Boylan was talking in Dublin at a conference on catastrophic birth and child injuries organised by the charity “Action Against Medical Accidents”. He said that a legal “duty of candour” should be brought in to require medical practitioners to advise a patient as soon as they are aware that a clinical error as occurred.

Quoting from a Health Service Executive report, Mr Boylan stated that there was proof to suggest that patients often forgave the clinical error when it is disclosed promptly, fully and compassionately, and not only would this action lessen the trauma and distress of patients and their families upon discovery, but also reduce the amount of legal costs arising from contested medical negligence actions.

The first proposal from the working group was included in a report published in November 2010. The report recommended that people who sustain catastrophic injuries would benefit more from periodic compensation payments than one lump sum. Mr Boylan hoped that the report would be acted upon and legislation brought in, although he acknowledged that the overall cost to the State could be greater and feared that this might prevent it from being adopted into law.

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Delayed Birth Cerebral Palsy Injuries Compensated after 27 Year Wait

A woman, who developed cerebral palsy after her birth was needlessly delayed in 1984, has secured a 3 million Euro delayed birth cerebral palsy compensation settlement in the High Court. Lisa Carroll (27) from Killala, County Mayo, was born at the Mayo General Hospital in March 1984 several weeks overdue. A planned inducement was not carried out and Lisa’s mother had to carry her pregnancy into a forty-third week.

In the High Court, Mr. Justice John Quirk heard that once she was born, Lisa spent the first three weeks of her life in hospital, during which time she suffered three seizures which led to her current condition.

It was alleged that, had Lisa’s mother – Noreen – been admitted when her full term was reached, and tests carried out to ensure the health of the foetus, Lisa would not have suffered such traumatic injuries.

Expert witnesses said that there was no justifiable reason for the delay in Lisa’s delivery, and although Lisa can communicate and attended mainstream school, she is confined to a wheelchair for life.

The delayed birth cerebral palsy injury award of 3 million Euros was made against the Mayo General Hospital and Health Service Executive without admission of liability.

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