Four-year-old boy settles action over birth with €2.45m interim payout

Boy with cerebral palsy sued the HSE over the medical treatment provided prior to, in connection with, and in the aftermath of his birth at Portiuncula Hospital in Co Galway

Court heard liability was at issue in the case and the settlement reflected a 30% reduction.

A four-year-old boy with cerebral palsy who sued over the hospital care received around the time of his birth has settled his High Court action for a €2.45m payout for the next five years.

Noah Bracken has dyskinetic cerebral palsy, uses a wheelchair and has difficulty with speech and only his parents understand what he is saying, the High Court heard.

Ms Justice Leonie Reynolds, on hearing Noah’s parents had spent all their savings on therapies for their young son, commended his legal team for bringing the case before the courts so quickly and to settlement.

The settlement is without an admission of liability.

Noah’s counsel, Bruce Antoniotti SC instructed by Dolores Gacquin solicitor, told the court liability was at issue in the case and the settlement reflected a 30% reduction.

Counsel said Noah's mother, Lisa Ward, had gone to Portiuncula Hospital, Ballinasloe, Co Galway, on October 24, 2019, suffering from hypertension and she was put on blood pressure medication and there was a plan to attend her GP for repeat blood tests and for an induction of labour later.

Counsel said after she left the hospital a consultant advised she be asked to return for observation, but Ms Ward says she did not receive that phone call. 

Counsel said there is a dispute over the matter and the HSE contended when she was contacted the next day, Ms Ward allegedly said she would prefer to stick with the pregnancy management plan. He said Ms Ward disputes this version.

On October 27, Ms Ward presented at the hospital he said, and Noah was delivered on the morning of October 28, 2019.

Counsel said there was significant problems in relation to liability and it was a very difficult case.

Outside court, Noah’s solicitor Dolores Gacquin said Noah was a beautiful little boy “who melts every heart”. 

She said his parents Lisa Ward and Jason Bracken had dedicated “every hour of every day and night to caring for Noah”. 

She said the interim settlement, which is for the next five years, would help ensure Noah's every need was met and would go some way towards making life more pleasant and comfortable for Noah and his parents.

Noah Bracken, Four Mile House, Co Roscommon, had through his mother Lisa Ward sued the HSE over the medical treatment provided prior to, in connection with and in the aftermath of his birth at Portiuncula Hospital, Ballinasloe, Co Galway.

It was claimed there was an alleged failure to obtain appropriate specialist or expert opinion in a timely manner.

It was also claimed there was an alleged failure to alert the mother to the potential seriousness of her condition and to offer her appropriate monitoring and review prior to discharging her from the ante natal clinic.

It was further maintained there was an alleged failure to ensure timely delivery of Noah.

The HSE denied all claims and contended a number of offers to expedite delivery were allegedly declined and the mother allegedly decided to continue with her pregnancy management plan.

Approving the interim settlement, Ms Justice Leonie Reynolds said the parties were to be commended for reaching a settlement when Noah was still in his developmental years. The judge said the little boy would now be able to get all the assistance he required at a very important time in his life.

The case will come back before the court in five years' time when Noah’s future care needs will be assessed.