A man has received compensation from the HSE for his mismanaged birth with left him severely disabled.
In late December 1983, Stephen Ryan-now third years of age-was born at the National Maternity Hospital in Dublin to Linda Ryan. His mother had been admitted to hospital the previous day following the spontaneous onset of labour. She had a history of reduced foetal movement in the pregnancy.
Linda had previously been admitted for five days between 12th December and 17th December because of her condition. She was discharged as healthy and at low risk of complications by medical staff. Linda later alleged that she was discharged without any proper assessment of the risks associated with prolonging the pregnancy being conducted either while she was in hospital or up to the delivery of her son.
As a result of the prolonged pregnancy, Stephen was deprived of oxygen in the womb. He was born severely brain damaged. He was later diagnosed with cerebral palsy. He is severely and permanently mentally and physically disabled, and relies upon 24 hour care from his parents. He will rely on constant care and supervision for the rest of his life.
In 2002, on behalf of her son, Linda sought legal counsel. She made a claim for compensation for a mismanaged pregnancy against the HSE. She alleged that the National Maternity Hospital failed in their duty of care. Had they acted in an appropriate and competent manner, Stephen would have been born sooner and the terrible birth injuries he sustained could have been avoided.
The National Maternity Hospital denied their liability for Stephen´s birth injuries up until the beginning of this year. The two legal teams entered negotiations, and a settlement of €6 million compensation for a mismanaged pregnancy was agreed upon. The HSE made this offer without an admission of liability.
The offer of compensation had to be approved by the High Court to ensure that it was in Stephen’s best interests. The settlement was approved at the High Court by Ms Justice Mary Irvine. The judge said that it had been a long struggle for Stephen´s parents, and she praised the Ryans for the care and attention they had provided for their son in his home environment until he was twenty-four years of age.
Stephen now lives in a residential care unit. Stephen´s parents made a statement saying that they hope this settlement of compensation for a mismanaged pregnancy will enable him to live in his own home with a care package suited to his specific requirements.