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