Medical Negligence

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An 11-year-old boy allegedly left brain damaged after birth has settled his action for damages against the Rotunda Hospital, Dublin (As reported by The Irish Independent March 2012)

Stephen and Michelle Brady, from Lusk, Co Dublin, leaving the High Court yesterday after settling their action against the Rotunda Hospital.
Stephen and Michelle Brady, from Lusk, Co Dublin, leaving the High Court yesterday after settling their action against the Rotunda Hospital.

AN 11-year-old boy allegedly left brain damaged after birth has settled his action for damages against the Rotunda Hospital, Dublin, for €5.5m.

Cian Brady, Joyce Road, Lusk, Co Dublin, had sued the hospital through his mother, Michelle Brady. The settlement is without admission of liability.

It was claimed that on March 27, 2000, Ms Brady was admitted to the hospital with elevated blood pressure.

With continued high blood pressure, Ms Brady was transferred to the labour ward a few days later. On April 1, Cian was born by caesarean section, but it is claimed as a direct result of mismanagement both during the labour and after the baby's birth, he suffered severe personal injuries.

It was claimed that the hospital was negligent in failing to exercise any reasonable care for the boy and failing to have available a pre-warmed incubator. It was claimed the baby was placed in his mother's bed in an attempt to warm him up when he should have been placed in an incubator.

Cian, it is claimed, can never lead a normal life and is suffering from asymmetrical quadriplegic cerebral palsy. His lower limbs are less affected and he has a vocabulary of about 10 words. He is also short-sighted and suffers from epilepsy.

Denis McCullough, for the Bradys, said liability and causation were an issue in the case. The defendant, he said, contended an unknown event occurred five days before labour and this caused the brain damage.

Counsel said it was recognised that there was a significant issue of liability and the legal team had allowed for a 25pc deduction for risk.

Ms Justice Mary Irvine said while money will never compensate Cian, it will provide the care he needs. She said it was a terrific settlement and she hoped it would allow the Bradys to return to some normality.

Hugged

Outside the court, Cian's parents, Stephen and Michelle, hugged each other. Ms Brady said the family had been through a really tough time and while nothing would fix things completely, the settlement would go a long way to providing the care their son needed.

"Cian is a lovely boy who is not aware of what was going on here. He has cognitive difficulties and he is very much loved. He is a happy boy and he is going to be happier after this settlement," Mrs Brady said.

Gillian O’Connor, when working with her previous firm , acted for the plaintiff and his family. If you require advice about a similar issue please contact her at gillian@michaelboylan.com