A claim for birth injuries against Sligo General Hospital has been heard in the High Court ahead of the approval of an interim settlement of compensation.
In May 2010, the boy – on whose behalf the claim for birth injuries against Sligo General Hospital was made – was born by emergency Caesarean Section, more than two hours after a CTG trace had indicated he was suffering foetal distress in the womb. Due to the avoidable delay, the boy was starved of oxygen and now – six years of age – he suffers from cerebral palsy.
Although the boy has since moved to Canada, he made a claim for birth injuries against Sligo General Hospital through his mother. On behalf of Sligo General Hospital, the Health Service Executive (HSE) quickly acknowledged responsibility for the boy´s cerebral palsy injury and negotiations began to settle the claim. During mediation, HSE personnel not only apologised for a failure in its duty of care, but explained to the boy´s parents how the failure occurred.
Eventually it was agreed that the boy should receive an interim compensation settlement of €740,000 to cover the costs of his past care and the care he will need over the next five years. However, as the claim for birth injuries against Sligo General Hospital had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in the boy´s best interests.
The approval hearing took place at the High Court, where Mr Justice Kevin Cross was told the circumstances surrounding the boy´s birth and the details of the settlement negotiations. As well as praising the boy´s parents for the care they had provided him with over the past six years, he commended the HSE for its attitude in the case.
Commenting that an apology and an explanation was “absolutely something to be encouraged”, Judge Cross approved the interim settlement of cerebral palsy compensation and adjourned the claim for birth injuries against Sligo General Hospital for five years. In five years, once assessments have been conducted to evaluate the boy´s future needs, the family hope that the option of a structured payment system will be in place to ensure their son´s financial security.