Boy who sued over circumstances of birth in Tipperary Hospital settles for €1.8m
High Court Reporter
A 13-year-old boy who sued over the circumstances of his birth at South Tipperary General Hospital has settled his High Court action with a €1.8 million interim payment.
The boy who has autism cannot be named by order of the court .
The settlement is based on a liability apportionment of two-thirds against the HSE.
His counsel, Liam Reidy SC, told the court the case related to the care provided when the boy’s mother was in labour at the hospital in Clonmel, Co Tipperary.
Counsel said it was their case that the hospital had scans of the baby which showed he was growth retarded which put him in a high risk category in the lead up to labour in October 2011.
The CTG trace, which monitors the foetal heartbeat, counsel said was reassuring, but a decision was made to stop the CTG monitoring for a period of four hours.
Mr Reidy said it was their case that when the CTG monitor was reconnected, it was alarming and pathological, and if it had been in place, this would have been recognised earlier. He said a junior doctor found the CTG trace unsatisfactory, and a senior doctor was called. There was then a rush for an emergency caesarean section.
Counsel said it was their case that the baby should have been born 20 minutes earlier.
He told the court that the HSE claimed that all monitoring and care was appropriate
The boy’s mother told the court that her son is a joy and the settlement, which is for the next five year,s will help him get the therapies he requires.
In the proceedings against the HSE, it was claimed there was an alleged failure to monitor the baby’s heart rate continuously.
It was further claimed that the CTG trace, which monitors the baby's heartbeat,t was discontinued when it was inappropriate or dangerous to do so and when it was allegedly known that the baby was very small and therefore had a greatly increased risk of foetal hypoxia during induction and labour.
It was further contended that there was an alleged failure to monitor the heartbeat from 10am until 2pm on the day that the child was born and a failure to obtain the immediate attention of an obstetrician on the occurrence of a prolonged late deceleration of the foetal heart rate
There was also, it was claimed, an alleged failure to carry out a caesarean section immediately when presented with a pathological foetal heart rate pattern.
The HSE denied all the claims and contended the treatment to the mother and child conformed at all times with a reasonable body of general and approved practice in obstetrics and gynaecology.
Approving the settlement, Mr Justice Paul Coffey said the offer was adequate and he wished the boy and his family the very best. The case will come back before the courts in 2032 when the boy’s future care needs will be decided.
