Hospital apologises as boy gets €20m for brain injury at birth
The apology was read out in the High Court today as Kevin Dunphy English settled for €20.75m his High Court action against the HSE over the care he received at his birth in University Hospital Waterford. Picture: Collins Courts
University Hospital Waterford has apologised to the family of a 10-year-old boy for the failings which caused his devastating brain injury at birth.
The apology was read out in the High Court today as Kevin Dunphy English settled for €20.75m his High Court action against the HSE over the care he received at his birth in the hospital.
In a letter to the Dunphy English family, University Hospital Waterford said on behalf of the staff and management of the hospital it wished “to express sincere apologies for the failings on the part of the hospital that caused the devastating brain injury to your son Kevin at his birth.”
Kevin, it said, suffered permanent profound disabilities which affect him in every facet of his life.
It added: “The hospital understands that neither this apology nor any financial compensation recovered in court proceedings will assuage the continuing heartache that the family must feel every day.
Kevin’s Counsel Dr John O’Mahony SC, with Cian O’Mahony BL, told the court a lot of red lights were flashing but went unheeded before the boy’s delivery. It was their case if Kevin had been born an hour earlier at the Waterford Hospital, he would have been saved injury.
The baby, counsel said, was in intensive care for the first 24 days of his life.
Kevin, counsel said, has cerebral palsy and global developmental delays and requires round-the-clock care. He has to use a wheelchair for long distances and has an extremely limited vocabulary of about eight or nine words. He said Kevin’s parents Jane Dunphy and Seamus English from Co. Kilkenny had dedicated their lives to their son’s care.
The High Court today approved a final lump sum settlement in Kevin’s case of €18m which, along with interim settlement payouts totalling over €2m in the last five years brings the total in the case to €20.75m.
Kevin’s mother, Jane Dunphy told the court the family are delighted and relieved to have come to the “end of a long road” in the legal process.
“It has been a very long road. Kevin is good and he is happy. Every day he is a challenge,” she told Mr Justice Cross.
Kevin Dunphy English of Carrick Road, Mooncoin, Co. Kilkenny had, through his mother Jane Dunphy, sued the HSE as a result of injuries allegedly sustained at the time of his birth at Waterford Regional Hospital.
It was claimed he suffered significant brain damage during his delivery at Waterford Regional Hospital on July 9, 2010.
His mother was admitted to the hospital on the evening of July 8, 2010, and labour progressed slowly. After 2.30am on July 9, decelerations on the CTG trace changed, it was alleged.
A foetal blood sample had been taken at 1.40am but that was not repeated despite the deterioration in the CTG trace, it was alleged. Had the foetal blood sample been repeated, the result would have prompted a decision to intervene earlier in terms of delivery, it was alleged.
Dr O’Mahony previously told the court liability was conceded in the case and it was before the court for assessment of damages only.
In 2013, the HSE had accepted it was in breach of duty to Kevin in the management of his birth by failing to effect a timely delivery, counsel also outlined.
Approving the final settlement today, Mr Justice Kevin Cross congratulated Kevin’s parents for their work and the love they have given Kevin up until now. The judge said he was sure the apology by the hospital will give some comfort to Kevin’s parents and he pointed out that the €18m is for the future care needs of the boy for the rest of his life.
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