Court awards severely disabled boy €2.75m in damages

A severely disabled 12-year-old boy, whose twin brother died in the womb, is to receive an interim settlement of €2.75m for the injuries he suffered at birth.

James McCarthy of Derrygrath in Clonmel, Co Tipperary, has cerebral palsy and spastic quadriplegia.

The court heard in April 2001, while expecting twins, Linda McCarthy was referred to consultant obsetrician Raymond Howard at St Joseph's Hospital in Clonmel.

She was never seen by Mr Howard but by his registrar who recommended that she be admitted to the hospital in November 2011 following a scan.

However, this did not happen and Linda McCarthy was sent home until another scan a week later showed one of the twins had died in utero.

An emergency C-section was carried out and her son James was born with severe mental and physical disabilities.

He cannot speak and is unable to sit up unaided.

The consultant Mr Howard admitted liability and the High Court today approved a €2.75m settlement for the next three years.