Premature birth case awarded €1.5m

A WOMAN whose six-year-old son suffered from severe cerebral palsy after a premature birth was awarded €1.575 million in an approved settlement in the High Court yesterday.

Gary Boland (a minor) sued Doctor Anne Devitt of the Plaza Clinic Practice, Main Street, Swords, through his mother Ursula Boland of Berwick Drive, Swords, Co Dublin.

Liability was not admitted and after hearing that an offer was made by defendant of €1.575m and was being recommended by counsel for the plaintiff Mr Denis McCullough SC, Mr Justice Richard Johnson said he had no hesitation in approving that amount. Mr McCullough said that the defence claimed that it was not possible to predict the time that a woman is about to go into labour and Dr Devitt acted perfectly reasonably. In addition he said the defence claimed the plaintiff suffered from a genetic deficiency. Mr McCullough told the court that on March 14 2000 Ursula Boland noted a thick viscous discharge which continued throughout the day. The following day she began to note abdominal back pain which was intermittent. On March 16 she attended Dr Devitt who carried out an examination and took her blood pressure. The doctor advised her that her pain was due to stretching of the ligaments and this was not a cause of worry for her and she sent her home.