€1.98m settlement over boy’s birth
Alex Foley, who two years ago received a National Children of Courage award, has spastic diplegic cerebral palsy.
Mr Justice Kevin Cross was told his family and friends fundraised so that Alex could have a key operation in the US which means he can now walk for short periods, but he also has to use a wheelchair.
Outside court yesterday his counsel Doireann O’Mahony said Alex’s parents, Laurane and Patrick Foley, from Midleton, Co Cork, were delighted with the settlement and Alex, his twin brother Jacob, and the three other Foley children can now look to the future.
Alex Foley, of Orchard Court, Rocky Rd, Midleton, Co Cork, had through his mother Laurane sued the HSE over the circumstances of his birth at Cork University Hospital on October 5, 2010.
The claims were denied and the court heard the settlement was on the basis of a 10% deduction.
Outlining the case Liam Reidy, with Doireann O’Mahony, said Ms Foley was pregnant with twins and had a scan in June 2010 which showed a low-lying placenta. There was another scan in September 2010 and counsel said a low-lying placenta meant there was a real risk of vasa praevia. He said his side contended there should have been another more specific scan at this stage and if there had been it would have identified the risk.
On October 4, 2010, Mrs Foley began to suffer pains at home and went to the hospital where a CTG trace showed the foetal hearts to be normal.
After midnight, counsel said the mother’s waters were artificially broken and she suffered heavy bleeding. Alex’s heartbeat started to drop and it was decided to deliver the twins by emergency caesarean section.
Counsels said Alex was in poor condition when born but his brother Jacob was normal.
The HSE he said denied the claims and contended that it was not normal practice to carry out the second scan.
Ms Foley told the court Alex is an extremely happy little boy who is an inspiration to a lot of people.
“He gets on with life. He is extremely happy,” she said.
She said he attends a special school where he recently played the lead role in the school Christmas play.
Approving the settlement, Mr Justice Kevin Cross commented that not only did Alex Foley have a great name but he also had great carers in his family.
The case will come back to court in five years’ time when damages in the case will be assessed.
