Girl, 8, with cerebral palsy gets €4.85m in damages

An eight-year-old girl with cerebral palsy yesterday settled for €4.85m her action for damages over injuries sustained at her birth.

The latest and final settlement in the case of Kate Murphy from Co Tipperary brings to €6.5m the sum paid out to the little girl who suffered brain injuries.

Three years ago South Tipperary General Hospital apologised before the High Court over failings resulting in serious brain injuries to Kate when she was born in 2005.

Approving the latest settlement, Mr Justice Kevin Cross yesterday said to bring finality to the situation was in his opinion preferable to numerous applications in stages to the court.

“It is a prudent and wise settlement of the matter,” Mr Justice Cross said.

The court previously heard the Murphy family wanted to finalise the legal action with a lump sum payment rather than return to court for interim payments every few years.

In 2011 Kate received a €1.3m interim payment and another €400,000 at a later stage.

Through her mother Sarah Murphy, The Valley, Fethard, Co Tipperary, Kate had sued the HSE over alleged negligence and breach of duty in the circumstances of her birth at South Tipperary General Hospital in September 2005.

Three years ago, counsel for the HSE told the court that management and staff at South Tipperary General Hospital wanted to express their sincere apologies for the failings that caused the injuries to Kate Murphy and the consequential trauma experienced by the child and her family.

“They understand that neither this apology nor the financial compensation granted by the court can negate the continuing heartache that the Murphy family must feel every day and appreciate that this continues to be a very difficult time for them,” Oonagh McCrann said.