Boy who braved nine intubation attempts in first hour of his birth gets €500k interim payment

It was the family's case that during that time the baby was deprived of oxygen

The boy had sued the HSE claiming he has been allegedly compromised as a result of the care he received at Midland Regional Hospital, Portlaoise, after his premature birth in March 2015. File photo

An eight-year-old boy who sued over care he received at the time of his birth at Midland Regional Hospital has settled his High Court action with a €500,000 interim payment.

At five minutes of age, the High Court heard the baby’s heartbeat plummeted and he needed resuscitation and there were nine different attempts at intubation that took one hour. His counsel, Jeremy Maher SC instructed by Cian O’Carroll solicitors, told the court it was their case that during that time the baby was deprived of oxygen.

In the proceedings, the HSE has denied liability and a full defence was filed but counsel said a breach of duty was admitted in relation to the failure to intubate. Counsel said that was the limit of the concessions made and the case had settled after mediation with an interim payment for the next 10 years which counsel said represented 50% of the full value of the action.

The boy at the centre of the case cannot be identified by order of the court. In proceedings taken through his mother, he had sued the HSE claiming he has been allegedly compromised as a result of the care he received at Midland Regional Hospital, Portlaoise, after his premature birth in March 2015.

It was claimed the successful intubation of the baby was allegedly delayed until one hour of life and there was an alleged failure to ensure the expeditious intubation of the baby following his arrival in the special care baby unit.

The baby, it was claimed, had been transferred to the unit without ensuring his intubation and adequate ventilation during the transfer, resulting in the baby being noted as gasping on arrival. It was further claimed that the baby suffered an encephalopathy associated with asphyxia and he was transferred to a Dublin Hospital.

'Complex case'

Counsel told the court it was an extremely complex case which he said related to the birth and neonatal care in relation to the child and also the admission of the mother to the hospital.

He said it was not a case involving an intellectual disability, but it was their case the child had been compromised. Counsel said an expert on their side contended the collapse of the baby’s respiratory system caused the alleged injury.

He said it was also their case the baby had been delivered two hours later than he should have been and the mother, who was vomiting blood, should have got certain steroids on admission to hospital to protect the baby’s lungs. These claims were denied by the HSE which contended that all measures taken were appropriate.

Approving the interim payment, Mr Justice Paul Coffey said it was a very complicated case and he accepted the interim settlement was fair and reasonable in relation to the litigation risk involved. The case will come back before the court in 10 years’ time when other matters such as loss of earnings will be assessed.