Case Study: June 2026. Paul Kelly of Cian O’Carroll Solicitors has successfully concluded what is believed to be the oldest birth injury medical negligence case ever brought before the Irish courts.
Avril O’Brien, now aged 48, was diagnosed in infancy with cerebral palsy. She is wheelchair dependent and requires lifelong care and support. Through her father, Paddy O’Brien, she brought High Court proceedings arising from the circumstances of her birth at the Coombe Hospital in April 1978.
The case raised complex issues concerning maternity care standards in Ireland almost five decades ago. Avril’s legal team contended that there had been failures in the management of a significantly overdue pregnancy and delays in delivery. The claims were fully denied.
Following a lengthy mediation process shortly before the scheduled trial, the parties reached a settlement. Yesterday, Mr Justice Paul Coffey approved the settlement in the High Court.
Under the terms agreed, Avril secured an interim settlement of €6.254 million to provide for her care and support over the next 12 years. The case will return before the courts in 2038, when her future care requirements will be reassessed.
Outside court, Avril’s father Paddy spoke of the enormous relief the settlement brings to the family after decades spent fighting for services and support. He said the agreement means Avril’s future care needs can now be met and that she can continue to live with dignity and independence.
Approving the settlement, Mr Justice Coffey described it as fair and reasonable in light of the litigation risks involved and paid tribute to the care and devotion Avril’s family had shown throughout her life.
We, together with our wonderful barrister colleagues, Patrick Treacy SC, Jeremy Maher SC and Conor Cahill BL are very proud to have represented Avril and her family in securing this outcome after nearly half a century.
As seen in The Irish Times
As seen on RTE