Boy, 6, with cerebral palsy wins €8.5m in damages from HSE

Boy, 6, with cerebral palsy wins €8.5m in damages from HSE

A six-year-old boy from Waterford who suffered catastrophic injuries at birth is to receive €8.5m damages.

Dylan Gaffney Hayes, who has cerebral palsy, sued the HSE through his mother Jean Gaffney.

At today’s High Court settlement, Ms Justice Mary Irvine noted it was the second case this week in which the HSE has held off for several years on admitting liability.

She said it was "highly regrettable" that the HSE for whatever reason was not in a position to admit responsibility for Dylan's injuries until last year when he was five years old.

She said such a course often suspends access to treatments that a child so badly needs.

Boy, 6, with cerebral palsy wins €8.5m in damages from HSEDylan Gaffney Hayes (centre - in wheelchair), of Kilcohan Park, Waterford, with his sister, Shauna and parents, Jean Gaffney and Thomas Hayes. Pic: Collins.

During the proceedings, the court heard Jean Gaffney gave birth to Dylan at Waterford Regional Hospital in July 2007. When labour stalled she was given the drug Oxytocin. Her womb ruptured and Dylan suffered brain damage.

Dylan's father Thomas Hayes is angry the case took so long to settle.

He compared the approach to a game of poker "in which the State Claims Agency seek to take advantage of every slip up to use it as a bargaining tool to pay Dylan a lesser sum".

He told reporters that they have not received an apology from the HSE.


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