€1.9m payout after ‘deficits in care’ during birth

Our Lady of Lourdes Hospital, Drogheda, has apologised in court to the family of a little girl with cerebral palsy for what it described as “deficits in care” in relation to her birth.

The apology was read out as part of the settlement of Milagros Martin’s case against the HSE, with an interim settlement payout of €1.9m for her care for the next three years. The hospital said it apologised “sincerely and unambiguously” to the Martin family and said “all staff regret the outcome of this tragic case”.

Milagros, who is now three-and-a-half years old, is receiving treatment in the US. The High Court heard she is severely compromised and disabled.

Milagros had, through her father Ruary Martin, Clonard Court, Balbriggan, Co Dublin, sued the HSE as a result of the circumstances of her birth at Our Lady of Lourdes Hospital, Drogheda, Co Louth, on December 11, 2011.

Counsel Des O’Neill said liability had been admitted in 2014.

Approving the settlement, Mr Justice Kevin Cross commended parents Ruary and Nancy for the care they give their daughter.

Outside court, Mr Martin said no monetary amount could ever compensate his daughter.

“Our daughter’s life has been destroyed forever. We welcome the HSE’s apology, but we are really disappointed the individuals responsible have provided no apology,” he said.

“I would like to make reference to the first two to three months when we got home from the hospital, where our daughter cried constantly until tears came down our faces.”

He added: “Unless there are consequences to failures in hospital, then they will be repeated. This is not the first cerebral palsy case, it will not be the last.”

He called on Health Minister Leo Varadkar to put a date in place to introduce a duty of candour.

“In other countries, when an adverse incident occurs, medical staff can have a grown up, adult discussion, rather than the standard HSE policy of deny, deny, and delay.”