Boy, 14, with cerebral palsy awarded €4.5m against HSE

A 14-YEAR-OLD quadriplegic with cerebral palsy has been awarded €4.5 million in a settlement against the Health Service Executive (HSE).

The High Court had heard how a caesarean operation would have averted the injuries sustained and that a dose of 2mg of Prostin E2 to induce the birth was inappropriate for the mother at the time.

The proceedings were taken by Evan Doyle, 14, who sued through his mother Janice Doyle of Mountain Close, Cartron View, Sligo. The action was taken against the HSE.

Desmond O Neill, for the boy, told Mr Justice John Quirke the settlement offer was €4.5m and was made without admission of liability.

He said Ms Doyle, then 25 and overdue, was admitted to Sligo General Hospital on October 6, 1995. She was given a dose of 2mg of Prostin E2 which produced a pattern of contractions greatly in excess of the required rate. He said this was twice the recommended dose.

The defence side, he added, claims this was a standard practice at the time and was not evidence of negligence.

Counsel said that when the situation deteriorated a decision should have been taken to have a caesarean section but this was not done and a monitor was removed. A decision was then taken to have a caesarean section but unfortunately when the consultant arrived it was too late.

The child was delivered by forceps according to a statement of claim and was floppy, pale and grunting after delivery and went on to develop cerebral palsy and spastic quadriplegia.

It was alleged the authorities involved had waited until a consultant arrived in a situation where it was clear that even a short delay could have devastating effects for the boy.

The court was told the boy is a spastic quadriplegic and cannot do anything for himself. His speech is almost non-existent and he uses his eyes primarily to communicate but can use a “talker” which has been provided to him by the HSE. He started at St John’s National School in Sligo in 2001 and requires physiotherapy, speech therapy and occupational therapy. He will require 24-hour assistance for the remainder of his life.

Commenting on the settlement figure Mr Justice Quirke said it was completely speculative and asked how could anyone predict how long the boy would require care. The judge reiterated his call for a need to review the law in such cases to allow for a yearly figure to be conceded which would therefore provide for life cover. At present the law did not allow for such a system of payments and the current manner of dealing with such cases was not a very logical way of dealing with them, the judge said.

Damien Tansey, solicitor for the boy, told reporters afterwards that the issue referred to by the judge was being attended to by the relevant authorities.