ZS v HSE
After 7 days at Trial, Augustus Cullen Law successfully negotiated a settlement in the amount of €3.5 million on behalf of a 6 year old boy who suffers from Cerebral Palsy and consequently severe mental and physical disabilities.
The Plaintiff was born on 29th June 2006 and it was alleged on behalf of the Plaintiff that his injuries were completely avoidable and that they arose due to the negligence of the obstetric and midwifery staff at the Hospital where he was born. In particular, it was alleged that the Hospital misused the drug Oxytocin, causing the Plaintiff to suffer difficulties whilst still in the womb and that they failed to respond to an abnormal CTG trace (which monitors the baby’s heart rate) and to signs that the unborn baby boy was in distress for a significant period of time. We alleged that the Hospital and its staff were negligent in failing to expedite delivery of the baby where earlier delivery would have prevented his severe brain injury, which resulted from profound hypoxia (oxygen deprivation) while in the womb. We also alleged that the Hospital and its staff were negligent in continuing and indeed increasing the amounts of Oxytocin given to the mother during her labour. This drug caused the mothers contractions to occur too frequently, thus not allowing the baby sufficient time to recover between the contractions, resulting in profound hypoxia, causing him severe brain damage.
A full Defence was filed in the case and liability was very much at issue and the Defendant denied substandard care itself and also disputed the cause of the Plaintiff’s injury. The case was specially fixed for Trial commencing on 17th April 2012 and ran for 7 days, during which the Defendant argued that the Hospital and staff had taken all reasonable steps to ensure the Plaintiff’s wellbeing. They also disputed the time at which the Plaintiff’s injury occurred. Liability remained fully at issue throughout the hearing and the case ultimately settled on 26th April 2012, without an admission of liability, for a damages amount of €3.5 million plus legal costs. The total figure recovered represented a compromised settlement due to the liability issues.
If you have any further queries, please contact any of the following from our medical negligence group:
20 July 2012