Family awarded €4.5m for injuries suffered at birth

The family of a child that suffered "devastating injuries" at birth due to "incompetence" of the medical staff who handled her delivery has secured €4.5m at the High Court.

Ms Justice Mary Irvine said she had no hesitation in making the award to Keri Brett (aged 6), who has cerebral palsy, and sued the HSE through her mother Clodagh Brett (aged 34) Kilnockin Road, Fethard, Co Tipperary

Keri had suffered serious injuries as a result of negligence and breach of duty of care during her birth at St Luke's on October 20, 2003.

The case, which was before the High Court for an assessment of damages due to the child, heard that St Luke's in Kilkenny had denied liability in 2007 for the injuries suffered by Keri in the circumstances of her birth in 2003 but, in July last, it conceded liability.

However an internal investigation carried out by the HSE, and published in July 2004, revealed the birth was mismanaged and showed a total systems failure during Keri's birth.

Ms Justice Mary Irvine heard the HSE had offered a full and unreserved apology to the Bretts for its acts and omissions in relation to its management of Clodagh Brett's labour and the delivery of Keri. The HSE extended the apology for the "undoubted trauma" they had suffered.

The court heard, following a difficult and prolonged labour, Keri suffered devastating injuries and is now mentally and physically handicapped and profoundly disabled. She is wheelchair-bound, visually impaired and will require constant care for the rest of her life, the judge was told.

It was claimed the HSE failed to properly manage Keri's birth and failed to have competent and appropriate medical personal in attendance at the time.

Keri's birth was induced but there was no continuous fetal heart rate monitoring in place, it was claimed. There were episodes of large decelerations of the fetal heart and Mrs Brett was very distressed, it was alleged. There was an alleged failure to recognise the abnormal heart rate and to carry out an emergency caesarean at an appropriate time.

Liam Reidy SC for the Bretts said that Keri is capable of communication with others and has a personality. She is attending a special school in Clonmel, Co Tipperary. Keri's family, counsel added, have been heroic in their efforts to help give the best quality of life possible.

The money will be used for Keri's care, and the Brett family hope to build a new house on a greenfield site that will accommodate her needs.

Commenting on the date of the apology from the HSE the judge remarked that it was "a pity it did not come sooner," given the anxiety that the Brett family had gone through.