The Plaintiff, who was represented by her mother as her next friend, brought an action against the National Maternity Hospital as a result of the hospital’s mismanagement of the Plaintiff’s mother’s labour and the Plaintiff’s birth which caused the Plaintiff to suffer severe intrapartum hypoxic ischaemic injury leading to cerebral palsy and epilepsy. It was possible in this instance to obtain an admission of liability from the hospital.

In brief, the Plaintiff’s mother was over prescribed synthetic oxytocin which caused excessive contractions and hyperstimulation as a result of which the Plaintiff became distressed in utero but this was not recognised and the labour was allowed to continue to spontaneous vaginal delivery- without any obstetric intervention.

Shortly after the Plaintiff’s birth she began experiencing seizures. An MRI scan was ordered which revealed bright thalami which was suggestive of hypoxic ischaemic injury.

The Plaintiff, although able to walk with an altered gait, experiences difficulties with gross motor development. Further her language development is delayed and she requires 1:1 care both in school and at home. Expert witnesses on behalf of the Plaintiff were of the view that the full impact of the Plaintiff’s brain damage and environmental limitations will only become apparent when the Plaintiff is older. She will continue to need assessments to identify her leaning needs and any possible social, behavioural, and emotional needs that may arise in the future. For these reasons the case was settled on an interim basis which will allow an opportunity to review matters in 6 years time as the Plaintiff enters her teenage years, puberty and moves to secondary education.

The interim settlement will allow the family to purchase and adapt a suitable family home – with garden – where the Plaintiff can safely join in family activities and play and receive all necessary therapies and supports on a private basis. Also, incorporated in the settlement are safeguards for the Plaintiff’s entitlement to a SNA in school. The interim payment will meet her care and therapy needs for the next 6 years also – when the matter will come before the Court again.