Mayo University Hospital and the Health Service Executive have agreed to pay a €7m birth injury settlement to a now six-year-old boy in relation to his birth at Mayo University Hospital has settled his High Court action for €7m.
Following mediation talk the boy, who cannot be named, was awarded the settlement.
It was claimed during the hearing by Denis McCullough SC, the legal representative for the boy, that this is the first legal action of its type in Ireland where it was claimed that a baby suffered a neonatal stroke. He added that medical experts consulted for the boy were of the belief that strokes like this can happen due to hypoxia ischemia. These claims were countered by the medical experts that testified on behalf the defendant.
Via hi smother, the boy had sued the HSE in relation to the circumstances of his delivery at the Mayo University Hospital in 2013. Ms McCullough had been attending the hospital for pre delivery consultation and had a number of scans conducted which indicated that amniotic fluid had reduced seriously and the foetus was particularly. It was claimed was alleged that a congenital abnormality was suspected, leading to the incorrect decision made to move the mother to a Dublin hospital.
However, it was found that the boy was not suffering from a congenital abnormality and the foetal compromise should have been diagnosed, resulting in the move to complete a quick delivery carried out. Along with this it was claimed that too much time was permitted to pass during attempts to secure a bed in Dublin for the mother. As a result the woman in the about to be transferred by ambulance when the decision was made to take her back. A CTG trace was begun and then cancelled as it was it was thought to be ‘grossly abnormal’. A caesarean section was used to deliver the infant.
After the delivery, the boy have to be intensively resuscitated and he was later brought to a Dublin hospital. The birth injury compensation action claimed that there was a failure to deliver the baby in a proper and timely and manner and a failure to diagnose the CTG abnormalities were inflicting damage to the baby or the situation required urgent intervention.
The HSE refuted this, saying that the boy experienced a stroke because of hypoxia ischemia, reduced brain oxygen caused by inadequate blood flow.
His parents said that they were happy with the injury compensation settlement, stating: “We are incredibly proud of our boy. He is a happy child”.