€1.5m settlement on behalf of girl who lost fingers after birth

THE High Court has approved a €1.5 million settlement on behalf of a six-year-old child who suffered a permanent disfigurement after she lost all of her fingers on one hand in the weeks after her birth.

Abby Browne Morales had sued consultant paediatrician/neonatologist Anthony Ryan who practises at Erinville Hospital in Cork and the Health Service Executive (HSE) Southern Area through her father Jean Luc Morales of Doughcloyne, Wilton, Co Cork.

The case against the HSE was struck out.

Mr Justice Richard Johnson approved the settlement and an apology from Dr Ryan was read to the court.

Dr Ryan said he sincerely regrets and apologises for the injuries sustained by Abby Browne Morales during the neo-natal care following her premature birth.

Abby was born on December 22, 1999, by emergency caesarean section at 29 weeks at Erinville Hospital.

It was alleged that while under the care of Mr Ryan, she became unwell and Mr Ryan effected a treatment regime which ultimately caused the girl to suffer severe personal injuries, loss and other damage and, in particular, caused her to suffer auto-amputation at the level of the bases of all the digits of her left hand.

It was claimed the personal injuries, loss and other damage arose by reason of the negligence and breach of duty.

Abby was born 10 and a half weeks premature at Erinville Maternity Hospital in Cork where she came under the care of Dr Ryan.

Abby progressed well until January 12, 2000, at which time she became tired and agitated. The next day it was noted she looked a yellowish-grey colour and she became quite ill.

The baby was immediately re-ventilated and an arterial line was inserted. It is claimed that it was obvious throughout the day and the following day there was a problem with the arterial line.

The baby’s hand was in spasm for considerable periods of time and the line on the monitor was consistently damp or flat.

At one stage on January 13, the baby’s hand turned completely white.

The baby’s fingers became blue and it was alleged that despite queries being raised by the baby’s mother, the arterial line was not removed.

A spasm occurred on the night of January 14 and it was claimed that despite the fact that both the parents and the staff were concerned, difficulties were encountered in having Abby seen to as it was the weekend.

Abby was subsequently transferred on January 25, 2000, to Our Lady’s Hospital, Crumlin, in Dublin, and then to the National Maternity Hospital, Dublin.

It was claimed that she lost all of her fingers and most of the palm of her left hand and suffered a permanent disfigurement which it was alleged will have severe consequences for her future social, domestic and vocational life.