Boy, 7, gets €1m settlement over HSE negligence at birth

THE High Court has approved a partial settlement of €1,004,000 in the case of a seven-year-old boy left with spastic cerebral palsy following his birth at Erinville Hospital in Cork.

Shane Kenny, of Ballylouane, Ballyduff, Co Waterford, also has developmental delay and motor dysfunction arising from the circumstances of his birth on November 2, 2004. He sued the HSE for negligence through his mother Catherine, a nurse.

At the High Court yesterday, Mr Justice John Quirke was told the HSE had admitted liability, and had acknowledged and apologised for the fact it was negligent in the events leading up to the child’s birth and at his birth.

The court heard there was a failure to act upon a CTG trace which showed that the foetal heart rate was abnormal, and that the decision to deliver the baby by Neville Barnes forceps was negligent. The forceps delivery resulted in Shane suffering a significant partial hypoxic insult.

The court was told Shane is attending mainstream school, but it is unlikely he will ever achieve sufficient cognitive capacity to be able to sit state examinations and will not be capable of “independent living”.

Mr Justice Quirke approved an immediate payment of €260,000 to Shane’s parents to compensate them for the costs of their son’s care to date and the cost of refurbishing their home to suit his needs.

The remainder of the €1,004,000 is to cover Shane’s costs, including assistive technology over the next two years.

The sum does not cover the issue of loss of earnings, which is to be determined at a court hearing next year.

Counsel for Shane said the proceedings would “start afresh” in two years, by which time it is hoped that legislation to give effect to periodic payments would be introduced.