€35,000 Wrongful Death Compensation Awarded to Family Due to ‘Very Tragic’ Death of Infant Son

A wrongful death compensation payment of €35,000 has been approved at the High Action in a legal action taken by the family of an infant boy, who died a few hours after he was delivered, against the Coombe Women and Infants University Hospital.

Richard Kean SC, instructed by solicitor Caoimhe Haughey for the plaintiffs said that the case arose out of what the untimely and “very tragic” death of baby Rory.

The November 19 2015 death of infant  Rory Jason Sweeney Butler at the maternity hospital resulted in his parents, Assumpta Sweeney and Jason Butler, submitted a medical negligence compensation action against the Coombe Women and Infants University Hospital. The alleged that the hospital had behaved in a negligent manner and that, due to their son Rory’s wrongful death in the hospital’s neonatal intensive care unit they experienced nervous shock for a number of months.

The defendant in the case accepted liability.

Mr Justice Robert Eager formally approved the statutory compensation award, referred to as the solatium for distress, to the family of the infant at the High Court. The award will be paid to Assumpta and Jason, who live in Drimnagh, Dublin 12, and to Rory’s  brothers and sisters. The court was informed that family members had waived any entitlement to any payment out of the award.

The Court was also informed that there are due to be additional, but separate, legal proceedings taken in relation the the circumstances of Rory’s death.

This not the first time that the Coombe Hospital has been directed, by the Courts, to pay compensations in relation to complications arising during the birth of a child. In 2013 the maternity  hospital was found liable in a dyskinetic cerebral palsy medical negligence compensation claim which was taken by the parents of a then 10–year-old boy who was born suffering from near total acute hypoxic ischaemia,  which a subsequent investigation into the claim for dyskinetic cerebral palsy revealed was due to medical negligence. €65,000 medical negligence was award to a boy, Dara Brennan, who sustained a facial injury during his delivery at the Coombe Hospital on November 12, 2009 and €15m was awarded to Eoin McCallig from Dunkineely in Co Donegal and his parents in relation to the injuries he sustained his birth. These injuries were caused by Eoin being deprived of oxygen at birth.

 

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