Boy wins €1.6m interim payment from HSE

A 7-year-old boy who suffered damage during his birth at a Cork hospital and now has cerebral palsy has settled his action for damages against the HSE with a €1.6m interim payment.

The payment will cover the needs of Arron Michael O’Keeffe for the next two years. Approving the settlement, Ms Justice Mary Irvine said that, in two years, the High Court will assess Arron’s needs annually.

Arron had sued the HSE though his mother, Helen O’Keeffe, of The Island, Kiskeam, Mallow, Co Cork, as a result of the circumstances surrounding his birth at Erinville Hospital, Western Rd, Cork, on Apr 11, 2006.

Ms Justice Mary Irvine was told that liability was conceded in the case.

It was claimed that the HSE was negligent and in breach of duty in that it failed to ensure continued and careful monitoring and observation of the condition of the baby and his mother following admission on Apr 11, 2006.

It was claimed that, because of the negligence by the HSE in the management of his mother’s pregnancy, induction of labour, and delivery, Arron suffered profound hypoxic insult, resulting in cerebralpalsy.

Denis McCollough SC said it was proposed to adjourn the case for two years when the remainder of Arron’s care needs can be assessed by the court at that stage.

Mr McCollough said liability was conceded in the case and it would be before the court for assessment of damages only.

Arron, he said, had been substantially damaged and was living in a house which was entirely unsuitable for his needs.

Ms Justice Mary Irvine said she could not stop smiling at Arron who was in court in a wheelchair, because he was so charming.

Mr McCollough said Arron was a very cheerful child and was a “bright spark”.

The court heard Ms O’Keeffe had been admitted to Erinville Hospital on Apr 11, 2006, for planned induction of labour.

A cardiotocograph trace was started before 8am and showed abnormalities in the foetal heartbeat.

At about 1.30pm, a decision was made to deliver by emergency caesarean section, but when Arron was born over an hour later, he was in a very poor condition and required vigorous resuscitation.

Ms O’Keeffe told the court she was happy with the settlement and that Arron’s main concern of the day was that he had travelled by train from Cork.

Ms Justice Orvine said it was an excellent settlement.

While money would never replace Arron’s health it was a very good settlement with the interim sum available to care for Arron’s needs, said Ms Justice Orvine.

Prior to this, she said there was always the risk that the person injured would live longer than calculated at the time of settlement.

She said that it was a great comfort to Ms O’Keeffe that Arron will have an annual sum to draw on going forward.

“You have an ideal settlement and I have no hesitation in approving it,” said the judge.

The judge wished Arron and his mother well for the future.