Limerick boy settles birth injury case for record €17.5m
A four-year-old disabled boy who sued over the circumstances of his birth at Midwestern Regional Maternity Hospital, Limerick has settled his High Court action with a final lump sum payment of €15.5m.
This brings to €17.2m the total paid out to Charlie Enright from Co Limerick who has cerebral palsy and who has a significant physical disability and has to use a wheelchair.
The total of €17.2m for Charlie Enright approved today by the President of the High Court, Mr Justice Peter Kelly, is believed to be highest ever for a catastrophically injured person who sued over the circumstances of their birth.
In a statement, his parents Caitriona and Anthony Enright from Limerick said they could now get on with their lives.
"What Charlie lost in August 2013 is priceless. No amount of money can replace it. We are happy with the settlement,” they said.
Approving the settlement Mr Justice Kelly praised Charlie’s parents Caitriona and Anthony Enright and said his care was a "family affair" and the whole extended family had got together to care for "a remarkable boy".
Two years ago Charlie settled his case against the HSE with a first interim payment of €1.75m to cover his needs for two years.
Caitriona Enright told the court yesterday Charlie was a remarkable happy little boy.
“We have so much joy along with all the pain,’ she told the judge.
She said when liability was admitted early in the case it eased the burden for her.
"It eased a burden and also in my head the burden of was it me? It became clear it was not me and I could move on a bit."
She said in the last two years they have started to build a house specially adapted for Charlie beside the family home.
Her son’s physical ability, she said had got much better and the difficulty for Charlie was he was "locked in and communication is a big problem."
She said whether they should go for a lump sum had been discussed at length and they thought the preparation of periodic payment applications, where Charlie would have to undergo medical examinations was putting too much strain on the family.
Mrs Enright who has taken a career break to care for her son said he is starting at the local school in September.
Charlie’s counsel Liam Reidy SC said the family were grateful to the HSE for the early admission of liability in the case.
Charlie Enright of Raheen, Ballyneety Co Limerick had sued through his mother, Catriona, the HSE in relation to his birth at the Limerick hospital in August 2013.
The boy's mother had been admitted to the Limerick hospital at 37 weeks into her pregnancy on August 19, 2013. A decision was made to induce labour after several tests were carried out.
In his action, it was claimed in the events that followed there was a breach of duty with an alleged failure to provide an appropriate standard of care during the labour and up to the time of Charlie's birth on August 20, 2013.
In his action, the boy claimed there was a belated recognition of foetal distress as well as an alleged misinterpreting of the CTG tracing.
It was further claimed there was a failure to supervise the delivery of the baby, either adequately or at all, and that hyper-simulation was caused by the continued infusion of syntocinon.
The court heard that liability had been admitted in the case.
Charlie was flat at birth and was transferred to Cork University Hospital for head cooling. An MRI scan showed evidence of intracranial haemorrhage. He was later transferred back to the Midwestern Regional Hospital in Limerick and discharged home at the end of September 2013.
Mr Reidy SC told the court today Charlie’s parents were adamant they wanted to opt for a final lump sum settlement and no longer wanted ongoing periodic payments as the preparation for such applications interferes with their family life.
