Man settles action against maternity hospital for €10m 45 years after his birth

It was claimed man allegedly suffered significant asphyxiation at and around the time of his birth in 1980, and he was subsequently diagnosed with cerebral palsy, developmental delay and epilepsy, attributable to an alleged series of failings on the part of the hospital

The National Maternity Hospital denied the claims. File picture: Sasko Lazarov/RollingNews.ie

Almost 45 years after he was born, a man who sued over the circumstances of his birth and care at the National Maternity Hospital, Dublin, has settled a High Court action for €10m.

The father of Jonathan Hughes, who has cerebral palsy, said outside the Four Courts his son was unfortunately not aware of the consequences of what his family and legal team had achieved for his future care with the landmark settlement.

John Hughes said he never thought they would get to this stage.

“The decision to take the case two years ago was difficult. I knew the mountain I had to climb with legal and expert fees, but this is a very good day for Jonathan. He is a lovely person, he lifts all our spirits. When you think the worst is happening, he can change it instantly.” 

The family, he said, were “deeply relieved and profoundly grateful”, and Mr Hughes said the outcome “brings a long-awaited sense of justice and closure to our family after years of uncertainty and hardship”. 

The family’s counsel, Patrick Treacy SC instructed by Cian O’Carroll solicitors, told the High Court the settlement was without an admission of liability and was reached after mediation. He said the settlement figure of €10m represented 80% to 90% of the claim and the discount reflected the litigation risk involved.

Counsel said it was an extremely rare case in relation to alleged events almost 45 years ago.

Jonathan Hughes, of Celbridge, Co Kildare, had through his father John Hughes sued the National Maternity Hospital, Holles Street, Dublin. All of the claims were denied.

In the proceedings, it was claimed Jonathan allegedly suffered significant asphyxiation at and around the time of his birth in 1980, and he was subsequently diagnosed with cerebral palsy, developmental delay and epilepsy.

It was alleged these conditions were allegedly attributable to an alleged series of failings on the part of the hospital in the course of Jonathan’s antenatal care, delivery, and in his immediate treatment following birth.

It was claimed that from the time of the mother’s admission to hospital on November 24, 1980, the hospital allegedly failed to conduct a continuous CTG, which monitors the baby’s heart rate.

It was further contended there was an alleged failure to appreciate the baby was small for his gestational age and an alleged failure to deliver the baby by Caesarean section earlier. After the baby was born. it was claimed he was only treated with facial oxygen.

All of the claims were strongly denied.

There was also, counsel said, an issue in the case as to the adequacy and quality of brain imagery taken at the time.

Counsel said a motion to dismiss the case because of delay had been tabled by the hospital to run beside the action.

Mr Justice Paul Coffey, who approved the €10m settlement, noted the litigation risk and said Jonathan’s parents John and Susie and his family had provided extraordinary care over the years. 

The judge said he hoped the settlement would now bring resolution for the family and he wished them the very best for the future