Kerry boy with cerebral palsy settles case against Limerick hospital for €3.75m

Twin born at 27 weeks sues over care received in ICU

Anita and Paul Flavin from Listowel, Co Kerry, leave the Four Courts on Wednesday after a High Court medical negligence action. Picture: Paddy Cummins

A six-year-old boy with cerebral palsy who sued over the care he received in a Limerick hospital ICU after his premature birth has settled his High Court action for €3.75m.

Kyle Flavin, Listowel, Co Kerry, was born at 27 weeks, two minutes after his twin brother Callum at University Maternity Hospital, Limerick, on April 26, 2016.

Both boys were in good condition but transferred to the ICU.

Liability was denied in the case by the HSE and the court heard that causation was at issue. The settlement represents 25% of the full value of the case.

The HSE claimed that the clinical care provided to address Kyle Flavin’s extreme prematurity and early clinical complications was appropriate and in keeping with acceptable clinical care standards.

Kyle’s counsel, Liam Reidy SC, instructed by Cantillons Solicitors, told the court the case related to Kyle’s care in the maternity hospital ICU.

Counsel said Kyle was given vitamin K and it was noted later he had bruising and later a bleed in one side of his brain. 

It was their case that the baby was given more vitamin K and it was their contention this was ”the wrong course of action”.

Experts on the Flavin side, counsel said, would claim the baby should have been given fresh frozen plasma for a problem with clotting.

Counsel said it was their case that Kyle later suffered a pulmonary haemorrhage and another brain bleed.

The boy's mother Anita Flavin told the court the money that Kyle was getting was better than taking a chance by going to trial.

“I know it is a large amount of money but it’s not what we hoped for," she told Mr Justice Paul Coffey.

Kyle is very young. His future is uncertain. We fear for the unknown.

She said when her twins were born, Kyle was slightly smaller than his brother, but he was a fighter and she and her husband Paul thought he was the stronger baby at the time.

She said Kyle “is still fighting and doing well” and goes to the same school as his brother.

Kyle had sued the HSE through his mother. It was claimed that he had been allegedly denied the opportunity to have the infusion of fresh frozen plasma and there was an alleged failure to prevent pulmonary haemorrhage.

It was further claimed there was an alleged failure to recognise and treat the baby’s coagulopathy on April 27, 2016, and he suffered a pulmonary haemorrhage and consequent intraventricular haemorrhage.

All the claims were denied.

Approving the settlement, Mr Justice Coffey said he was satisfied it reflected the litigation risk in the case.

He noted the sum offered was at the higher end achieved and conveyed his best wishes to Kyle and his family.