Skye Worthington -v- HSE
ACL secures a further interim settlement to cover the needs of Skye Worthington for a period of 8 years.
Skye Worthington’s case was first dealt with by the High Court in February 2015 when an interim payment in the amount of €2.52 million was agreed to cover a 3 year period. A further interim payment of approximately €1.35 million was made to cover the 3 years from February 2018 to February 2021.
The case arose as a result of injuries sustained by Skye during her delivery at Kerry General Hospital, Tralee in April 2011. Liability was admitted in the case and the HSE in Kerry General Hospital apologised for what had occurred. This latest payment brings the total amount paid to Skye to over €8 million.
At the time of Skye’s birth, despite abnormalities on the CTG trace (the trace which monitors the baby’s heart rate and the mother’s contractions) the Hospital failed to act on the abnormalities and continued to administer Syntocinon (a drug used to speed up labour) Skye’s medical experts argued that had she been delivered 15 minutes earlier, she would have avoided her severe injuries.
Skye is non-verbal and communicates primarily through an eye gaze tracking device which allows her to communicate with her family and her careers. Skye is fed by a gastrostomy tube and has very significant limitations of motor function, but her cognitive function is largely preserved. She is physically dependant on others for all her daily living activities, but has, throughout the course of her legal action, made use of equipment and technology to maximise her independence and her interaction with others. Her claim included a claim for care, occupational therapy, speech & language therapy, assistive technology, physiotherapy, aids and appliances and a Special Needs Assistant/care during school hours. Despite her significant physical limitations, Skye participates in many hobbies and activities.
The matter was ruled before Ms Justice Mary Irvine, the President of the High Court on 15th February 2021, at which time Judge Irvine noted that Skye was extremely lucky to have such good and caring parents and that she was pleased to see how bonny and enthusiastic Skye was and how many activities she was involved in.
04 May 2021