Michael and Ciara acted in a recent case on behalf of a seven-year-old girl who suffered a brain injury during the course of her delivery at Portiuncula Hospital, Co. Galway. The matter was successfully settled on an interim basis by way of mediation prior to Trial and the award was ruled before Mr Justice Cross.

During the course of our client’s birth, her mother had been administered a drug to induce labour and thereafter to increase contractions and it was our case that the latter drugs were unnecessary as there was already heavy contractions and furthermore, that the contractions were not properly monitored and as a result our client went into foetal distress.

There were then failed attempts at instrumental delivery and a caesarean section became necessary. However, during the course of the caesarean section, further complications were encountered as a result of the failed attempts at instrumental delivery which had caused our client’s head to become impacted against the pelvic wall. The efforts to deliver our client caused her to suffer a skull injury.

Following our client’s birth, her mother made a complaint to the Medical Council and the Medical Council found that there was no case to be answered.

We though identified an appropriate independent Consultant Obstetrician who found that there was substandard care afforded to our client and we launched legal proceedings. During the course of proceedings an independent external enquiry into births at Portiuncula Hospital found that substandard care had been given to our client and her mother and liability was admitted at that time.

We were pleased to be able to secure a settlement of €5.8 million for a period of fifteen years and at that time our client’s future care needs will be reassessed.