Boy sues over catastrophic injuries prior to birth

A 12-year-old boy who can’t walk, talk or sit up on his own, has brought a High Court action for damages over catastrophic injuries he suffered in the final stages of his mother’s pregnancy.

James McCarthy was delivered by emergency caesarean section at 33 weeks, when a scan showed his identical twin had died in the womb.

His senior counsel told the High Court yesterday the boy from Derrygrath, Clonmel, Co Tipperary was the “victim of the most appalling injuries”.

John O’Kelly SC said that in April 2001 James’s mother, Linda McCarthy was told she was expecting twins and was referred to St Joseph’s Hospital, Clonmel, for ante natal care under the care of Dr Raymond Howard. Ms McCarthy was not seen by Dr Howard but by his registrar who on November 13, 2001 expressed concern after a scan and wanted to admit Ms McCarthy.

Counsel said the registrar consulted with Dr Howard who did not believe she should be admitted and Ms McCarthy was asked to come back in one week. On November 20, a scan showed that one of the twins had died and a caesarean was performed later that day.

Linda McCarthy told the High Court yesterday that when James was discharged from hospital in December 2001, she and her partner James Cooney thought there were bringing home a healthy baby apart from being born prematurely.

He cried constantly and it was around James’s first birthday that they learned he had cerebral palsy and over time, discovered the severity of his disability.

James McCarthy has through his mother Linda McCarthy sued consultant obstetrician and gynaecologist at St Josephs Hospital, Clonmel, Co Tipperary, Dr Raymond Howard as a result of injuries he suffered.

At the start of the case, Mr Justice Bernard Barton was told the proceedings against the hospital and the HSE could be struck out and the matter was going ahead against Dr Howard who has admitted liability. As a result the case is before the court for assessment of damages and the future care needs of James.

Counsel said James has been left a spastic paraplegic. James can’t walk or sit up on his own. He said James is a very social boy who shows warm recognition of his family members.

The case before Mr Justice Bernard Barton continues.