Case Study: May 2023
Cian O’Carroll Solicitors represented an eight-year-old boy who sustained injuries at birth at Midland Regional Hospital, Portlaoise.
At five minutes of age his heart rate collapsed; over the next hour there were nine separate intubation attempts before his airway was finally secured. Our case alleged that, during this period, he was deprived of oxygen and that care fell below the required standard.
Shortly before trial, an interim settlement of €500,000 was approved to meet his needs for the next 10 years, reflecting 50% of the overall case value to account for litigation risk and future assessments. Mr Justice Paul Coffey described the matter as highly complex and considered the settlement fair and reasonable in the circumstances.
While the HSE denied liability overall, a breach of duty was admitted in relation to the failure to intubate. The proceedings also raised concerns about delays around delivery timing, neonatal ventilation during transfer to special care, and missed opportunities to protect the baby’s lungs; issues put in dispute by the defence.
The case will return to court after the interim period for further assessment of future losses, including care and potential loss of earnings.
https://www.irishexaminer.com/news/courtandcrime/arid-41142058.html