Compensation for Dyskinetic Cerebral Palsy Approved in Court

A 10-year-old boy, who developed acute hypoxic ischaemia moments before his birth and was then left unventilated after his delivery, has had an interim settlement of compensation for dyskinetic cerebral palsy approved in court.

Eoin Murphy now of Malahide, County Dublin, had been delivered at the Coombe Women’s and Infants’ University Hospital in July 2002 suffering from near total acute hypoxic ischaemia, but was not ventilated until seventeen minutes later because a paediatric registrar was not available at the time.

As a consequence of the avoidable delay, Eoin´s brain was starved of oxygen and he now suffers from dyskinetic cerebral palsy – the predominant feature of which is the presence of involuntary uncoordinated movements in the arms, legs, face, and trunk.

Eoin´s mother – Dr Fiona Murphy – made a claim for dyskinetic cerebral palsy against the hospital and, in February this year, Ms Justice Mary Irvine found the Coombe Hospital liable for Eoin´s injuries after a High Court hearing.

The case in February was adjourned for the assessment of damages, and yesterday Mr Justice Michael Moriarty approved an interim settlement of compensation for dyskinetic cerebral palsy amounting to €2.9 million.

The settlement should be sufficient to provide Eoin with support and care for two years, with a further hearing scheduled for 2015, when a review of Eoin´s future requirements will be conducted and by which time a periodic compensation payment system may be in place.