Boy awarded €2m interim payout over birth injuries

Waterford Regional Hospital has apologised to the parents of a four-year-old boy who suffered brain injuries at birth.

The hospital said it sincerely regretted the injuries caused to Dylan Kenny and “the undoubted trauma which has been suffered by his parents, Claire and Lloyd”.

The apology was issued when the HSE admitted liability in the case last June. The High Court was told of the apology as Dylan settled his damages action with an initial interim payout of €2m in the next three years when his future needs will be assessed.

Dylan Kenny, of Beech Drive, Greenfield, Old Tramore Rd, Waterford, had cerebral palsy and cannot walk independently, the High Court heard.

His counsel, Bruce Antoniotti SC, said he was a happy boy who laughed a lot and his parents could understand the few words he said.

In the apology, Waterford Regional Hospital said it sincerely apologised to Dylan and his parents “for the devastating injuries which the hospital accepts should not have happened”.

Dylan, through his mother Claire O’Brien, had sued the HSE over the management of her labour and the circumstances of Dylan’s birth in Waterford Regional Hospital in January 2010.

It was claimed there was a failure to monitor the foetal heart properly or at all during labour and a failure to appreciate the worrisome CTG traces throughout the labour, as well as a failure to discern or react to the signs of foetal distress and hypoxia. It was also claimed there was a failure to deliver Dylan as quickly as possible once there were clear signs of foetal distress.

Mr Antoniotti said when the case came before the court this week for assessment of damages that there was a “hiccup” when the HSE and the State Claims Agency indicated they wanted the case assessed for a lump sum final payment.

He said Dylan’s parents were now happy with the settlement.