Kerry boy settles case against HSE for €1.75m

A 12-year-old boy who it is claimed was injured at birth at Kerry General Hospital has settled his action against the HSE with an interim payment of €1.75m.

Kerry boy settles case against HSE for €1.75m

The High Court will in six years time decide on the future care needs of Jeremiah Daly of Lixnaw, Co Kerry.

Jeremiah, through his mother Edwina Daly, of Clogher Drive, Lixnaw, Co Kerry, had sued the HSE as a result of the management of his birth at Kerry General Hosptial between March 22 and March 24, 2003.

It was claimed that the baby was subjected to severe and prolonged foetal distress following his mother’s admission to the maternity unit of the hosptial on March 22, 2003.

There was, it was claimed, an alleged unacceptable delay in the delivery of Jeremiah given the onset of foetal distress and abnormal CTG tracings.

It was also alleged there was an alleged failure to have any due or sufficient regard for the presnce of foetal distress in the baby and the labour was alleged managed incompetently. It was further claimed there was an alleged failure to stop administering oxytocin on account of the foetal distress.

The claims were denied and the court heard that the HSE contended the CTG trace gave no cause for concern and the obstetric care was perfectly reasonable.

Counsel Denis McCullough said the experts on the Daly side would have contended the birth was mismanaged with excessive doses of oxytocin. He said libaility was an issue in the case. When Jeremiah was born he said he was in very poor condition and had seizures.

He said Jeremiah, who has two younger sisters, can walk, stand and run and is happy in school.

Counsel said Jeremiah’s mother had given tremendous care and attention to her son throughout the years.

Approving the settlement, Mr Justice Kevin Cross congratulated Jeremiah’s mother for her work caring for her son and said he hoped the settlement will give the boy the life he can have and is entitled to.

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