Settlement of Tipperary boy's case against hospitals 'the end of a very long and painful journey'

The €5m interim settlement, which was reached after mediation, is based on the HSE accepting 80% liability in the case.

Graysen Reid, aged five, has cerebral palsy, is non-verbal, has neurodevelopmental delay, visual impairment and has to use a wheelchair.

“Today marks the end of a very long and painful journey for our family.” These were the words of Rachel Reid at the Four Courts as her five-year old son Graysen from Clonmel, Co Tipperary, who it was claimed suffered an acquired brain injury after his birth, settled his action with a €5m interim payout.

Graysen, the High Court heard, has cerebral palsy, is non-verbal, has neurodevelopmental delay, visual impairment and has to use a wheelchair.

The mother, who when her son was a toddler was named a carer of the year, said her son’s life “has been forever changed, and so too has ours”. 

Standing beside her partner, Graysen’s father Valentin Marin, she added: “What should have been a short hospital stay after his birth turned into years of crisis, fear and loss.” 

She said the alleged failures in Graysen’s care “didn’t happen on just one day — they happened again and again over the first seven months of his life when he was a tiny, vulnerable baby.” 

'Graysen is the heart of our family, he brings us joy every single day.'

The mother also pointed out that it is the children, parents and the families who must live every day with the consequence in such cases and she said they hoped “lessons will be learned from what happened to Graysen so that no other family has to endure the same heartache”. 

"Graysen is the heart of our family, he brings us joy every single day. The damages approved by the High Court will help to provide the care, home and support that Graysen deserves, but no amount of money will ever make right what has been taken from him," Ms Reid said.

The little boy had through his mother sued the HSE over his care at two hospitals, South Tipperary General Hospital and Cork University Hospital in the days and months after his premature birth at 26 weeks and six days. The settlement, which was reached after mediation, is based on the HSE accepting 80% liability in the case.

Reid family's claims

It was claimed the baby suffered repeated periods of brain damage allegedly caused by an undiagnosed upper airway obstruction and a windpipe floppiness difficulty, present from birth and until a tracheostomy insertion when he was seven months old.

It was contended that, but for the alleged multiple failures at the two hospitals to recognise the baby had an upper airway obstruction and windpipe difficulties, along with an alleged failure to act on it urgently when it was queried, little Graysen would have had a normal neurodevelopmental outcome. All of the claims were denied.

His counsel, Patrick Treacy SC instructed by Cian O’Carroll solicitors, told the High Court it was their case that Graysen had a congenital condition and windpipe difficulties, including with intubation, from birth which were not properly assessed or dealt with leading to “catastrophic consequences”. 

Counsel said Grayson cannot sit unsupported, he requires a wheelchair and is non-verbal. He also has hearing loss and visual impairment and has severe learning disabilities.

Graysen was born prematurely on December 23, 2019, at South Tipperary General Hospital. He was intubated, the court heard, in the fourth attempt and was transferred to Cork University Hospital.

When he was 12 days old in January 2020, it was claimed the baby suffered an acute deterioration and required intubation. It was claimed that it took multiple attempts to intubate the baby.

On March 25, 2020, the boy, it was claimed, suffered a respiratory arrest while having a nasogastric tube placed. It was claimed Graysen suffered a 30-minute period of hypoxia and was later recorded as having hypoxia ischaemic encephalopathy.

He was transferred back to the Tipperary hospital in May 2020, where it was claimed he suffered episodes and required numerous resuscitations.

At one stage, it was claimed, while attending for a routine follow-up in June 2020, the little boy, it as claimed, suffered a cardiorespiratory arrest in the car park of the Tipperary hospital and he required full resuscitation.

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

Approving the interim settlement, Mr Justice Paul Coffey said he wanted to acknowledged that it was a sad and tragic case which had upended their lives. The judge approved the settlement and said he was satisfied there was a litigation risk and “forensic hazard re causation” because Graysen was born extremely pre-term.