Man, 27, settles case against Limerick hospital for care after birth

Counsel said part of their case was that it was allegedly in excess of three hours before the baby’s blood sugar levels were appropriately monitored after Kennedy’s birth at St Munchin’s Regional Maternity Hospital, Limerick in 1993. File photo: Press 22

A 27-year-old man who sued over his care after his birth at a Limerick hospital has settled his High Court action for €3 million.

Kennedy O’Brien’s counsel, Dr John O'Mahony SC, told the court it was an enormously complex case.

The settlement was without admission of liability.

Counsel said part of their case was that it was allegedly in excess of three hours before the baby’s blood sugar levels were appropriately monitored after Kennedy’s birth at St Munchin’s Regional Maternity Hospital, Limerick in 1993.

It was their case that following Kennedy’s delivery there was an alleged failure to feed him within the first hour after birth and/or to test or monitor blood sugar levels in a timely manner.

The alleged absence of monitoring after delivery until the baby was over three hours of age, it was claimed, allegedly lead to a significant delay in responding to Kennedy’s severe hypoglycaemia which in turn, it was alleged, adversely affected his long-term neurological outcome.

Approving the settlement, Mr Justice Kevin Cross said it was a very complicated case and he said the €3 million settlement which had been reached after mediation was a very good one.

Kennedy O’Brien, Knockbrack West, Lisnagry, Co. Limerick, had through his mother Helen Egan O’Brien sued the HSE over his care after his birth in September 1993.

Kennedy weighed 2.6 kg when he was born at 9.13am on September 14, 1993, and it was claimed he was growth restricted and in particular risk of hypoglycaemia in the neo-natal period.

It was claimed the baby should have been fed early and blood sugar measurements should have been taken soon after.

When the blood sugar levels were tested at around 12.25pm it was claimed the measurement was so low it did not register on the glucometer and this, it is alleged, should have been treated as an emergency.

It is claimed that medical records showed intravenous dextrose was not started until 12.45pm. The baby was stable and in an incubator by 4pm but his left arm showed sign of weakness.

On September 15, 1993, it was claimed it was noted the baby was jittery but was feeding normally and still having some dextrose intravenously. He later had seizures and was diagnosed with cognitive delay.

Kennedy had an MRI brain scan when he was 16 years old which, it is claimed, showed changes which, it was alleged, may have been caused by hypoglycaemia in the neo-natal period.

The MRI scan findings, it was further claimed, were allegedly consistent with the boy suffering a significant hypoxic ischaemic insult in labour.

There was, it was claimed, an alleged failure to appreciate that growth-restricted babies are at particular risk of hypoglycaemia in the neo-natal period as they have diminished sugar reserves.

The claims were denied.

Kennedy’s dad, Kennedy O’Brien Snr, told the court the family were very pleased with the legal process to date and with the mediation which had come up with this settlement. His son, he said, needs continuous support and “we are there for him”.