Interim Settlement of a Claim for the Failure to Act on a CTG Scan Approved

The €1.35 million interim settlement of a claim for the failure to act on a CTG scan has been approved in the High Court in favour of a six-year-old boy.

The mother of the young boy from Bantry in County Cork made the claim for the failure to act on a CTG scan on her son´s behalf, on the grounds that – had a CTG scan taken during the later stages of her pregnancy been interpreted properly – her child would have been delivered by an emergency Caesarean Section procedure in a timely manner.

Instead, due to an alleged failure to act on the CTG scan, the boy´s delivery at the Cork University Maternity Hospital was delayed. He suffered foetal distress in the womb due to hypoxic ischaemic encephalopathy and, when he was delivered, he had suffered terrible brain damage and was blind. Now six years of age, the boy suffers seizures every day and requires 24-hours-a-day care.

The Health Service Executive (HSE) – against whom the claim for the failure to act on a CTG scan was made – denied liability for the boy´s birth injuries. However, after a period of negotiation, the HSE agreed to a €1.35 million interim settlement of compensation without an admission of liability while studies are conducted to assess the child´s future needs.

Because the claim for the failure to act on a CTG scan had been made on behalf of a legal minor, an approval hearing before Mr Justice Kevin Cross has scheduled for the High Court. At the hearing, Judge Cross was told that although the boy cannot speak, he is able to communicate his needs to his parents and carers from the Jack and Jill Foundation.

Mr Justice Kevin Cross also heard how it had been an ordeal for the family to get a compensation settlement from the State Claims Agency and that they was relieved that the legal process was over. Judge Cross approved the interim settlement of compensation – stating that it was a good one in the circumstances – and adjourned the case for three years.