SF –v– The Western Health Board and other

The firm recently successfully concluded a complex difficult birth injury action. The facts of the case were:

On the 29 March 2001 the infant Plaintiff was born in poor condition requiring resuscitation. In the neonatal period he suffered seizures and other neurological abnormalities. He was subsequently diagnosed as suffering from Dyskinetic Cerebral Palsy. A MRI brain scan performed at 18 months was consistent with a sudden acute near total hypoxic ischaemic insult. The CTG trace taken in labour showed evidence of some foetal distress although no bradycardia was evident on the trace which could explain or be consistent with a sudden acute near total hypoxic insult. However, on further forensic examination of the trace by experts instructed on behalf of the Plaintiff it was concluded that the trace towards the latter part of labour was artifact and was in fact not foetal trace but erroneously recording the maternal pulse/heart rate. Thus the trace could not be relied upon.

The proceedings were launched. A full Defence was filed. Negligence and the cause of the Plaintiff’s injuries were hotly contested by the Defendant. On 26 January 2010 the case came on for Trial. Negotiations were commenced and ultimately the case was settled on a compromised basis for €3 million and costs with the settlement being approved by the President of the High Court. The settlement amount reflected the risks on liability inherent in the Plaintiff’s case.

10 February 2010

    Gillian and all at Augustus Cullen Law, A million thanks for a great job done. Justice for our son at last!!

    Catherine, Liam & William

    Dear Michael, A great result was achieved because of your efforts and we were truly blessed to have you on our side.

    Kathleen, Medical Negligence Client

    Dear Joice…you are and have been very professional, sympathetic and dignified in all of your dealings with us and I put that down to one simple fact. You listened.

    James, Medical Negligence Client

    Geraldine, Thank you most sincerely for all your hard work and commitment to these children.

    Freda McKittrick, Head of Barnardos Beacon Guardian Ad Litem service

    Neil is an absolute gentleman to deal with – kind, tactful and very efficient. We could not praise him highly enough. He brought us through a horrible time.

    Sean, Medical Negligence Client

    Many thanks again for a job well done. We really appreciate all your hard work and practical advice.

    Corporate client in a commercial litigation matter

    Dear Jamie, You and your team in ACL were so professional, diligent and prompt. I have recommended you and the firm, and will continue to do so

    Lorraine McCarthy

    Gus Cullen and the firm’s approach to addressing the key issues was professional, yet personal, efficient yet attentive.


    The process is a difficult one and when you deal with people who are so professional and yet genuine/real people, it makes it so much easier... so thanks a million.


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