Boy, 10, gets €1.58m interim payment in action over birth

A 10-year-old boy who had sued for damages arising out of the circumstances of his birth at the Coombe Hospital, Dublin, has settled his action and has received an interim payment of €1.58m.

Jamie Patterson, who has cerebral palsy with spastic quadriplegia, is not able to talk and can only communicate through facial expressions and body language.

Jamie, of Galtymore Park, Drimnagh, Dublin, sued, through his mother Teresa, the Coombe Hospital for alleged negligence at the time of his birth in Nov 2002.

The settlement, which provides for an interim payment for a period of two years, was without admission of liability. When the case comes back before the court in two years’ time the child’s future care needs will be assessed.

It was claimed the hospital failed to exercise proper care or adequate care for the safety and wellbeing of Teresa Patterson and her son and, having decided to augment the labour with Syntocinon, which is used to start or help contractions during childbirth, failed to have any regard or any adequate regard it could cause or aggravate foetal distress without careful and proper monitoring. The claims were denied by the hospital.

Ruling on the settlement, Mr Justice Iarflhlaith O’Neill said it was an extremely prudent.

Outlining the case, Aongus Ó Brolcháin SC said Teresa Patterson had gone in to labour on Nov 3, 2002, and was checked in to the hospital before 10am. Counsel said that between the time of her check-in and 3.30pm Ms Patterson was treated with absolute competent care.

Counsel said after that time Ms Patterson was started on a Syntocinon drip, which was later increased.

At 5pm Ms Patterson was noted to be feeling pressure and 45 minutes later it was noted there was over-stimulation by the Syntocinon and it was reduced. Jamie was born just after 7pm and had to be resuscitated.