Girl, 10, settles case over circumstances of her birth with €733k interim payment

The court heard that Aliyah Bowden has autism and ADHD and it was her family's case that these conditions were allegedly attributable to care which amounted to an alleged breach of duty at Midland Regional Hospital, Portlaoise. File picture: Collins

A 10-year-old girl who sued over the circumstances of her hospital birth has settled her High Court action with an interim payment of €733,000 for the next eight years.

The settlement, which was reached after mediation, reflects that the HSE is only 40% liable in the case, Mr Justice Paul Coffey was told.

The girl’s counsel, Jeremy Maher SC instructed by Paul Kelly solicitor, told the court that Aliyah Bowden has autism and ADHD and it was their case that these conditions were allegedly attributable to care which amounted to an alleged breach of duty at Midland Regional Hospital, Portlaoise. 

All of these claims were denied but the HSE, the court heard, conceded there should not have been six pulls by metal vacuum during the baby’s delivery in 2013. However, the HSE did not accept there was any alleged harm caused to the baby as a result.

The case, if it went to hearing, would have taken over 12 weeks with a total of 16 experts due to give evidence. Counsel pointed out an expert witness on their side would have contended there is no genetic explanation for Aliyah’s condition.

Aliyah Bowden McDonald of Ballickmoyler, Co Laois, had through her mother Katie Bowden sued the HSE. Ms Bowden was admitted to Midland Regional Hospital, Portlaoise on July 19, 2013, for induction of labour, and she gave birth to her daughter the next day.

Family's claims

It was claimed that the management and care provided to the mother and the baby during labour, delivery and the neonatal period was allegedly not to an acceptable standard. Aliyah, it was claimed, was delivered in the early hours of July 20 after a prolonged second stage of delivery labour and there were six pulls by metal vacuum.

It was claimed that she should have been delivered by cesarean section by 11.15pm on July 19, at the latest, and that there was a traumatic delivery involving an excessive amount of pulls by metal vacuum. 

It was further claimed there was an alleged failure to identify the CTG, which monitors the baby’s heart, was allegedly pathological and a failure to allegedly identify or act upon alleged likely fetal hypoxia. The baby, it was claimed, suffered a degree of hypoxic ischemic encephalopathy.

It was claimed that had the baby been delivered by caesarean section at 11.15pm on July 19 all her hypoxic ischemia would have been allegedly avoided. All of these claims were denied.

Settlement

Mr Maher told the court that it was a complex case where there was medical and scientific dispute. He said the settlement was the best possible outcome. He said Aliyah’s parents, Katie Bowden and Daragh McDonald, were happy with it and he said they were heroic and had done everything to secure their daughter’s future.

Mr Justice Paul Coffey said the settlement was fair and reasonable and he praised the girl’s solicitor Paul Kelly for his endeavours and said such cases pose enormous challenges.

The case will come back before the courts in eight years when Aliyah’s future care needs will be assessed.