While approving the settlement, Mr Justice Kevin Cross commended the HSE for its attitude to the case after hearing that senior personnel had sat down with Evan’s parents, sincerely apologised, and gave an explanation during mediation settlement talks.
Evan Dean, formerly of Ballaghdarereen, Co Roscommon, who now lives in Canada had, through his mother, Tara McGrath, sued the HSE as a result of the circumstances of his birth at Sligo General Hospital in May 2010.
It was claimed that the boy should have been delivered by 5.50pm on May 2, 2010, but was not delivered until 95 mintues later, causing him to suffer 90 additional minutes of asphxia.
It was further claimed there was a failure to have regard for the CTG trace from 5.30pm, when the trace was grossly pathological, and a failure to deliver the baby at the earlierst possible opportunity.
The court heard that liability was not an issue in the case and Evan’s parents are happy with the settlement.
Michael Cush SC told Mr Justice Cross said senior HSE personnel had sat down with Evan’s parents, sincerely apologised, and explained what had happened. He said it was a significant part of the settlement mediation talks.
Mr Cush said Evan’s case was one of the best outcomes in a case of cerebral palsy and the boy attends school in Canada. He said he has a right-sided deficit but is a sociatble and happy child.
Approving the settlement, Mr Justice Kevin Cross said he was delighted at the progress Evan has made and he wished the boy well for the future.
“I am sure he will have a great future,” he said.
The judge commended the attitude of the HSE in the case where an apology and an explanation of what happened was given to the family as part of the mediation settlement talks The judge said it was “ absolutely something to be encouraged”, and he said thankfully it was becoming more and more common that explanations are given.
The case will come back to court in five years time when Evan’s future care needs will be assessed.