Boy awarded €2m interim settlement

A four-year-old boy with cerebral palsy who sued the HSE over injuries he sustained during his birth at Waterford Regional Hospital has settled his action with an interim payout of over €2m to cover the next five years.

If Kevin Dunphy-English had been born an hour earlier, his counsel, Dr John O’Mahony told the High Court the little boy would have been saved injury.

Kevin Dunphy-English of Carrick Road, Mooncoin, Co Kilkenny, had through his mother Jane Dunphy sued the HSE as a result of injuries allegedly sustained at the time of his birth at the hospital in July 2010.

It was claimed he suffered significant brain damage during his delivery at Waterford Regional on July 9, 2010.

Kevin’s mother was admitted to the hospital on July 8, 2010. Labour progressed slowly but after 2.30am on t July 9, decelerations on the CTG trace changed. A foetal blood sample had been taken at 1.40am but was not repeated despite the deterioration in the CTG trace.

If the foetal blood sample had been repeated, Kevin’s side contended the result would have prompted a decision to intervene earlier in terms of delivery.

Dr O’Mahony, with Cian O’Mahony, told the court liability was conceded and the case was before the court for assessment of damages only.

A separate case involving Kevin’s parents Jane Dunphy and Seamus English over nervous shock had also been settled and could be struck out, the court heard.

Mr Justice Kevin Cross, who met Kevin in his chambers, said he was a wonderful child.

“I have had the privilege to meet Kevin and his parents. He is a lovely little lad who has made considerable progress because of the significant efforts put in by his mother and father.” He said it had made a great impression on him to see the loving care of parents such as Kevin’s.

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