Case Study: October 2023
In October 2023, we concluded a medical negligence case on behalf of a young boy arising from events at the time of his birth in November 2017.
The proceedings were brought by his mother against the HSE in relation to his delivery at Tipperary University Hospital and subsequent care at Cork University Maternity Hospital.
It was alleged that there was a delay in delivery, resulting in hypoxic ischaemic encephalopathy (HIE), a form of brain injury caused by a lack of oxygen around the time of birth. It was further claimed that there were additional failings in neonatal care following transfer to Cork, including inadequate neurological assessment and the administration of inappropriate fluids, leading to severe hypoglycaemia.
Our case was that these events contributed to the child’s neurodevelopmental difficulties, including sensory issues.
Apology
As part of the resolution, a formal written apology was provided by Tipperary University Hospital and the HSE, acknowledging the trauma experienced by the child and his family:
“On behalf of Tipperary University Hospital and the Health Service Executive I would like to apologise to you and to Shay for the upset and trauma experienced during the care, treatment and management received… Tipperary University Hospital and the Health Service Executive acknowledge that this was traumatic for both of you and his family.”
Such acknowledgements are an important part of the process for many families, alongside financial redress.
Settlement
The case resolved at mediation for an interim sum of €300,000 covering an initial six-year period.
The assessment of general damages (compensation for pain and suffering) has been deferred to a further High Court hearing in 2029. This reflects the practical difficulty in fully assessing the long-term needs of a young child, particularly in cases involving neurological injury. Overall damages will be very substantial.
Interim settlements of this nature allow for:
- Immediate access to therapies and supports
- Flexibility to reassess needs as the child develops
- A more accurate valuation of long-term care requirements in due course
Conclusion
This case illustrates the importance of early intervention and careful neonatal management, as well as the complexities involved in assessing long-term outcomes in young children.
Structured and interim settlements can play an important role in ensuring that a child’s needs are met as they evolve, while also allowing the Court to revisit the case when a clearer picture of future requirements emerges.
If you have concerns about the care received during pregnancy, labour or the neonatal period, it may be appropriate to seek specialist advice.
As seen in the Irish Times