Girl settles action for €9m

A 10-year-old girl who is tetraplegic after injuries she received at birth in Waterford Regional Hospital has settled her action against the HSE for €9m.

The final settlement of Alex Butler’s case brings to €10.4m the total amount she has received.

The girl two years ago ago received a €1.4m interim payout and an apology from the hospital.

The final settlement came on the second-last day of a hearing on Alex’s future care needs which had gone on at the Four Courts for 18 days.

Counsel Liam Reidy told the High Court Alex is a bright personality with a huge intelligence and as a result of intensive physiotherapy in the US, the girl who is normally confined to a wheelchair, can now manage to walk a few paces.

A previous hearing was told that if Alex had been born 10 or 12 minutes earlier she would not be physically disabled. An apology from the hospital read to the court two years ago said: “Waterford Regional Hospital sincerely regrets the tragic consequences their failings have caused to both Alex and to her parents John and Sonya Butler.”

Alex, through her mother Sonya Butler, Kilmacleague, Dunmore East, Co Waterford, had sued consultant obstetrician John Bermingham; locum consultant obstetrician Mahmud Khbuli, and the HSE as a result of the management of her birth on April 12, 2005. Liability was admitted by the HSE on behalf of its servants and agents with the settlement against the HSE only and the case struck out against Mr Bermingham and Mr Khbuli.

It was claimed the HSE failed to have any or any proper number of properly trained competent medical staff to deal with the baby’s delivery and and failed to ensure there was an adequate and proper competent obstetrician available.

It was further claimed that the HSE failed to ensure Mr Khbuli was a competent obstetrician and permitted consultant obstetrician Mr Birmingham to be absent without ensuring there was competent cover in place.

It was further claimed the pre-operative assessment of Ms Butler was substandard and there was a failure to recognise the necessity for a caesarean section.

In court yesterday, Mr Reidy said Alex’s parents had fought a long legal battle and “nothing in the case had come easy.” He said they were “reluctantly happy” with the final settlement. They had built a house with a therapy room, a hydro therapy pool and a soft play area for their daughter.

Approving the settlement, Mr Justice Anthony Barr said it was a reasonable and sensible one.

Outside court, Mrs Butler said she and her husband had been shocked after an apology and admission of liability, it took another 18 days in court before a final settlement was agreed. “It’s been a long 10 years. We got an apology two years ago but it made no difference. There have been a lot of ups and downs in the legal battle,” she said.