Boy left brain damaged, blind at birth to get €1.35m

A six-year-old boy who is brain damaged and blind has settled his High Court action over the circumstances of his birth at Cork University Maternity Hospital with an interim payout of €1.35m.

The High Court heard that Mark Kearney-Clifford from Bantry, Co Cork, cannot speak, suffers seizures every day, and requires 24-hour care.

Approving the settlement of €1.35m for the next three years, Mr Justice Kevin Cross praised the little boy’s parents and extended family for the care they have given Mark.

He congratulated the Kearney and Clifford families for the love and care they had given Mark and said they were a credit to society.

Mr Justice Cross said it showed this country was still a place where there was family and community support.

Mark Kearney-Clifford, Arcnacloughy, Ballylickey, Bantry, Co Cork, had through his mother Grace Kearney sued the HSE over the circumstances of his birth at Cork University Maternity Hospital on March 13, 2010.

It was claimed there was an alleged failure to perform a Caesarean section in sufficient time or at all to prevent the baby from suffering from hypoxic ischaemic encephalopathy and an alleged failure to ensure the baby received an adequate, proper and prompt delivery.

There was also, it was claimed, an alleged failure to cause the CTG scan or other pre-natal monitoring results to be properly interpreted or otherwise reviewed by an experienced consultant in time or at all.

The claims were denied.

His family, with the help of the Jack and Jill Foundation, have taken care of him for the last six years along with limited help from the HSE, counsel said.

Mark’s mother Grace Kearney told the court she was grateful for the advice from her legal team and the family felt relief that the legal proceedings were now over.