Woman settles country's first ever alleged medical negligence case from over 40 years ago

The 46-year-old woman with cerebral palsy settled the case for €850,000

The High Court judge said the case had to be viewed from the medical practice standards of the time.

A 46-year-old woman with cerebral palsy who sued over the circumstances of her birth at Galway Regional Hospital has settled a High Court action for €850,000.

Paula Corcoran from Sligo town, the High Court heard has to use a wheelchair, cannot speak and needs full time care. The settlement against the HSE is without an admission of liability.

Approving the settlement, Mr Justice Garrett Simons noted the exceptional care Paula’s family had given her throughout the years. “They have made an excellent contribution. She is very, very lucky,” the judge said.

Alistair Rutherdale BL, instructed by David O’Malley solicitor, told the court that proceedings were brought in the case in 2014, when Paula was 38 years of age.

The case is unusual in that it refers to circumstances 46 years ago and is regarded as the first ever case alleging medical negligence and dealing with events over 40 years ago.

Mrs Emily Corcoran, it was claimed, had been admitted to the hospital on April 7, 1976, after she was advised the baby was presenting in an abnormal position. Overnight she went into labour and was transferred to the labour ward on April 8. Paula was delivered by emergency caesarean section later but required resuscitation.

Approving the settlement, Mr Justice Garrett Simons said it was the Corcoran case that the position the baby was lying in before birth should had been given particular attention and there allegedly should have been one-to-one monitoring and alleged earlier intervention.

The judge said the case had to be viewed from the medical practice standards of the time. He said the defence were denying all claims and contended that the birth was carefully monitored, and proper due care and attention was given to the mother and baby.

The HSE also had raised the issue of the delay in bringing the proceedings and a motion to strike out the case on the grounds of delay had been part heard by the courts.

The judge said the €850,00 settlement figure represented half the notional full value of the case. Referring to the tragic circumstances of the case and the risk in relation to liability, the judge said it was a very fair settlement. Mr Justice Simons said it was also a case where recollection would be of particular importance.

Paula Corcoran's claims

Paula Corcoran of Sligo town had through her late father Malachy Corcoran sued the HSE over the circumstances and management of her birth at Galway Regional Hospital which is now known as University College Hospital, Galway, on April 8. 1976.

It was claimed there was an alleged failure upon the admission of Mrs Corcoran to the hospital to adopt a clear plan for active or expectant management. It was further contended there was an alleged failure to maintain vigilant supervision through labour.

And there was an alleged failure, it was contended, when labour started spontaneously early on the morning of April 8 to carefully assess and reassess the situation.

All the claims were denied.