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.