High Court €3m settlement for family of boy brain damaged at birth

A High Court action brought on behalf of a 11-year-old boy with cerebral palsy, who requires constant care and attention as a result of the injuries she sustained during his birth at Monaghan Hospital, has been settled today for €3m.

Fabian Lavery (aged 11), who sued through his mother and next friend Una with an address Emyvale, Co Monaghan, had sued the North Eastern Health Board for negligence and breach of duty arising out of the circumstances of his birth at Monaghan General Hospital on August 17, 1997.

It was claimed that, due to alleged negligence and breach of duty of the HSE in the care and management Fabian, he suffered severe personal injuries which had resulted in his suffering severe cerebral palsy.

Liability in the matter had been admitted by the Health Board. Today the High Court was informed that the matter had been settled.

Counsel for the family Mr Bruce Antoniotti SC told the court that his client's were satisfied to settle the case for €3m. They would also receive their costs.

During the course of his birth, the court heard, his mother Una had cried out for a c-section to be performed at 5.30pm that evening, because the court was told she knew something was wrong.

The hospital had tried to induce labour. When that did not work, delivery by forceps was attempted, but that did not work, so inducement was tried again.

Eventually Fabian was delivered following a c-section at the hospital 8.20pm on Aug 17, 1997, but due to his condition was rushed to hospital in Drogheda.

Mr Antoniotti said that Fabian, who is very severely disabled, will need 24-hour care and attention for the rest of his life.

Fabian cannot move his limbs or hold his head up, and is only form of communication is when he cries out at night when he wants to be turned.

However the court was told Fabian likes being around his younger brothers, and smiles in their presence.

Mr Justice Vivan Lavan, who praised Fabian's family for their care of the child, said that he had "no hesitation" in approving the award.

An application to have Fabian made a ward of court will be made at a later date.