Case Study: March 2024
This case concerned a young girl whose birth in July 2013 at Portlaoise Hospital was marked by a prolonged delay in delivery.
Expert medical evidence obtained on her behalf identified a delay of over two hours, during which she was deprived of oxygen. It was further alleged that there were excessive attempts at instrumental delivery, resulting in trauma and injury to her brain.
The case brought by her parents was that these failures in obstetric care caused her autism and neurodevelopmental delay.
The HSE denied negligence and maintained that her condition was attributable to a non-negligent developmental regression occurring at approximately 13 months of age.
Resolution
The case was resolved in March 2024 at mediation, shortly before the scheduled trial.
It settled for just over €733,000 on an interim basis, representing 40% of the full value of the claim.
As with other cases of this nature, the matter will return before the High Court when the Plaintiff reaches adulthood. A further hearing is scheduled for July 2031, when she turns eighteen, at which point her long-term care needs and future compensation will be assessed.
Outcome
In the context of conflicting expert medical evidence on causation, the agreed settlement represents a strong and pragmatic outcome.
It provides immediate support to meet the Plaintiff’s current needs, while preserving her right to return to Court for a full assessment of her future care requirements.
Conclusion
This case reflects the challenges that arise where there are competing medical explanations for a child’s condition.
Interim settlements can provide an appropriate balance in such cases, ensuring that immediate needs are met while allowing for a more accurate assessment of long-term requirements as the child develops.
If you have concerns regarding the circumstances of a birth or a child’s development, it may be appropriate to seek specialist advice.
As seen in the Irish Examiner