€4.5m awarded to 10-year-old for injuries suffered at birth

A child who suffered catastrophic injuries at birth 10 years ago was awarded €4.5m against the HSE at the High Court in Cork yesterday.

The case was brought on behalf of Jack Murphy of Kilbehenny, Co Limerick, who was born at St Finbarr’s Hospital, South Douglas Rd, Cork, in October 2006, a time when there was a maternity unit there.

Present in court yesterday were the boy’s parents, Charlene and Gerard Murphy, and his grandmother Maura Roche.

Mr Justice Kevin Cross approved the settlement offer, and said of the family: “They have striven with extraordinary love and care to look after him. They are a good example of the best in Irish society.

“They deserve the thanks and congratulations of this court on behalf of Irish society for what they have done.”

Denis McCullough, senior counsel, instructed by Liz Enright, solicitor, said they were recommending acceptance of the €4.5m offer made by the Health Service Executive in the case. It was made without a formal admission of liability.

Mr McCullough said that, if the case had gone to hearing, there would have been a very strong case made by medical experts for the plaintiff that labour was allowed to continue for too long and a particular medication given when it should not have been.

As for the injuries suffered by the boy because of these issues at birth, Mr McCullough said that he had never seen a plaintiff with worse disabilities and he needs constant care.

Mr McCullough said the boy’s grandmother, Maura Roche, had played a tremendous role in the care of the child, along with his parents.

Asked in court what she thought of the €4.5m settlement of the case, Ms Roche said: “It is a small price to pay for what he has suffered and for what we have suffered but it is what is best for Jack.”

Mr Justice Cross approved the settlement offer, adding: “This is an application to rule a settlement of a case as a result of catastrophic birth injuries which occurred to Jack Murphy on October 21, 2006. The plaintiff’s case is that his condition is a result of the serious negligence of the HSE.

“While this has not been formally admitted it is clear from the offer of settlement that there is no significant dispute about negligence.

“Therefore I treat this as an assessment of damages. He is profoundly handicapped. Mr McCullough said he has not seen worse. I would agree, from my experience.”

Judge Cross again praised the care provided by Jack’s family, saying: “Jack has, since his birth, been under the tender love and care of his parents and his granny. I have no hesitation in approving the settlement of €4.5m.”

Ms Roche said that Jack had been particularly unwell around Christmas but had come back from that setback.

“He is a fighter,” said Ms Roche. “I cannot see him going anywhere for a long, long time.”

The family is planning to build a house in the Mitchelstown area that will cater for Jack’s needs.