High Court approves €4.5m settlement for child with cerebral palsy

The High Court has approved a €4.5m settlement to a 17-year-old Cork girl who has cerebral palsy due to asphyxia at birth.

Jessica O'Brien's mother Joanne, from Duntaheen Road, Fermoy, told the judge she had tried to start legal proceedings a long time ago but the first solicitors she approached told her she had no case.

It is claimed the National Maternity Hospital in Dublin failed to continuously monitor the fetal heart rate of baby Jessica.

The hospital made no admission of liability.

Speaking after today's settlement, Joanne O’Brien said: "She's funny. She's everything a mother would want, even though she has a disability. She's a lovely child and I love her."

The court heard 17-year-old Jessica is a happy, jolly teenager who hopes to complete her applied Leaving Certificate.

However she is severely disabled, has learning difficulties and, while she is able to walk, she requires a wheelchair for any long distance.

There were complications ahead of the birth in May 1993 and her mother Joanne O’Brien was sent by ambulance from Cork to the National Maternity Hospital in Dublin for the delivery.

The court heard the infant Jessica suffered profound asphyxia arising from a complete loss of oxygen to the brain while Joanne was in labour .

It is claimed the hospital was at fault because it failed to continuosuly monitor the fetal heart rate.

Joanne O’Brien was awarded €250,000 for the care she has given her daughter to date.