Case Study: September 2019
In September 2019, Cian O’Carroll‘s medical negligence solicitors successfully concluded a complex birth brain injury case of X v HSE. This case quite unusually concerned the Plaintiff’s birth in 1984 – so it related to an adult now aged 35 years. The Plaintiff’s mother had attended hospital on the day of birth suffering from a severe haemorrhage due to placenta previa. It was alleged on behalf of the Plaintiff that the hospital failed to monitor the baby adequately and to perform a caesarean section in a timely manner. The delay in delivery caused the Plaintiff to suffer periventricular leukomalaciawhich is the end stage of hypoxic ischemic brain injury due to asphyxial injury at birth. The Plaintiff had been subject to the effects of intra-partum hypoxia and ischemia (HIE). It was also claimed that the Plaintiff had been subject to excessive medication in the first few days of life. As a consequence, the Plaintiff has a neurological disability of asymmetrical spastic quadriplegia and developmental delay.
This complex case necessitated reviewing the Plaintiff’s medical records from 1984 to present and arranging numerous UK experts to report on the issues of negligence and furthermore whether the negligence identified was the cause of the Plaintiff’s brain injuries. Indeed, 16 independent medico legal experts were required for the Plaintiff’s case. The defence argued that the medical care and treatment afforded to the Plaintiff and the Plaintiff’s mother was consistent with the appropriate standard of care that would have been reasonably expected in 1984. Defendant expert obstetric evidence argued that there was no evidence in the medical records that the Plaintiff’s neurological injury was caused by a delay of three to four hours in the performance of a caesarean section at 32 weeks’ gestation for placenta praevia. Consequently, there was no medical evidence to support a diagnosis of a neonatal encephalopathy. The Defendant further argued that the Plaintiff’s brain injury occurred prior to the mother attending hospital for labour and delivery.
The High Court trial ran for 12 days but did not conclude. The parties settled the proceedings for €3,500,000 that will help provide the necessary care and support the Plaintiff will require for the remainder of his life.