)
Case Overview:
A seven-figure settlement, made without admission of liability has been approved by the High Court for a young man with Cerebral Palsy who alleged negligence at the circumstances of his delivery at the Rotunda Hospital.
Our clients mother became a patient at the Defendant Hospital attending for antenatal care and the ultimate delivery of her son. She was admitted to the hospital due to the presences of a trace of protein in her urine and pre-eclampsia.
Having advanced to a gestation of 38 weeks a decision was made to induce her. In order to effect the induction of labour prostaglandin was administered and intermittent tracing was undertaken. Eventually her membranes were ruptured, the Obstetrician advised augmentation of labour using intravenous oxytocin.
Our client’s mother was administered three doses of prostaglandin over intervals of less than 6 hours. We sought independent expert medical opinion. We argued that owing to the regularity in which prostaglandin was administered and the intermittent nature of the tracing undertaken, particularly in and around the time of the administration of the second dose of prostaglandin, the opportunity to diagnose fetal distress was missed and consequently, so too was the opportunity to effect a delivery of the our client at a stage when his condition would not have been compromised by asphyxia. We argued that owing to that missed opportunity, and his resultant exposure to the asphyxia, he suffered hypoxic ischaemic encephalopathy ("HIE").
The Defendant accepted that the administration of 3 doses of prostaglandin over intervals of less than 6-hour intervals was a breach of duty. However, they argued this had no bearing on the impact of his injury. They argued that he did not suffer any harming hypoxia and certainly no acidosis in the hours prior to delivery.
When he was born, he was described as being “flat” with no respiratory effort. He was hypnotic. He was ventilated until respiratory effort was achieved. He was transferred to the paediatric intensive care unit. He was prescribed IV fluids and antibiotics and a clinical impression was hypoxic ischaemic encephalopathy. He suffered seizure and further seizures occurred.
Following his birth, he was diagnosed with Cerebral Palsy – asymmetric diplegia affecting his left side. He was also diagnosed with epilepsy and was assessed by the Central Remedial Clinic as functioning within the general mild learning disability.
He resides with his family, they are hopeful that with further input and support, he could live more independently, in his own suitable level access accommodation but his epilepsy is a cause for concern in terms of the requirement for supervision.
Despite his disabilities he has secured employment as an administrator.
This case was mediated in advance of going to trial.
Avril Scally, Partner and Head of Medical Negligence & Personal Injury, worked with a team of 10 experts including a Neurologist, Consultant Obstetrician, Consultant Neuroradiologist, Consultant Paediatrician Clinical Neuropsychologist, Care Consultant, Occupational Therapist, Vocational Assessor, Technology expert and Actuary.
Client Testimonial
Following the settlement, his mum said “this has had a huge impact on me for too long now. Not just mentally but physically too. I now know my son will be ok when I’m gone. This is all I ever wanted. I’m not just his Mam, I’m his biggest advocate, his best friend, the one he comes to for everything, but I won’t be around forever and knowing he be ok when that day comes is what gave me the strength to keep fighting for justice for my son. He deserves it.”
Lavelle Partners
"I would like to thank Avril Scally and all the team at Lavelle Partners for their professionalism and experience. They are an incredibly invested and committed team in delivering excellence.
"Avril, upon our first meeting treated us with utmost respect and empathy. I always felt listened to by Avril and her team from the very beginning."
"I would highly recommend Avril and the team at Lavelle’s as they go above and beyond for their clients."
"We finally have closure after such a long and painful journey. Just proves all you need is somebody to believe in you. I’m glad I never gave up and Avril and her team achieved a result we will be forever grateful and thankful for."