Girl, 7, gets €2m part-settlement in action taken against HSE

A SEVEN-YEAR-OLD girl allegedly brain damaged at birth secured €2 million in part settlement of her claim in the High Court yesterday. The settlement was without admission of liability by the Health Service Executive (HSE).

The remainder of the case concerning future care was adjourned for two years when the case will proceed by assessment and any payments secured will be by way of periodic payments – a method favoured by Mr Justice John Quirke who approved yesterday’s partial settlement.

The periodic payments system is not due to be introduced for about 18 months and provides for payments up to the death of a person suffering from a brain or other serious injury which necessitates lifetime care.

The proceedings were taken by Brid Courtney, who sued though her mother Deirdre, aged 35, of Killeacle, Ardfert, Co Kerry against the HSE.

Liam Reidy SC, for Brid, said her mother was admitted to Tralee General Hospital on February 24, 2003, and during the course of labour the hospital’s agents or servants failed to consider the dangers associated with a sudden and dramatic change in the foetal heart rate pattern.

They allegedly had also failed to deliver the foetus as speedily as possible causing or permitting the infant to sufferer from perinatal asphyxia causing brain damage.

Mr Reidy said as a result Brid is wheelchair dependent and must to be lifted bodily. She is unable to communicate through speech and has to rely on the use of her eyes and facial expression. Her intellect was intact and she had an IQ of 106.

Brid the court heard is to be taken into wardship and the judge approved a pay out of €310,000 for past care and special damages to the parents together with a sum of €150,000 to allow work commence on a new home for Brid.