'No amount of money' can change life of profoundly disabled Cork girl

Kameela was 'next to death' after she was delivered, and will suffer profound lifelong consequences

Solicitor Emma Meagher Neville with Ganiyat Kuye, the mother of Kameela Kuye, from Carrigaline, Co Cork, speaking to media last April after the High Court approved a settlement of €23.5m.

The family of a profoundly disabled girl in receipt of a €23.5m personal injury settlement from the HSE said “no amount of money can change” her life.

Kameela Kuye, 16, a schoolgirl from Carrigaline, Co Cork, received the then record payout from the HSE after a two-year case relating to the circumstances of her birth at St Finbarr’s Hospital in Cork in 2004.

The settlement for Kameela against the HSE was made without admission of liability and was reached after mediation.

In a statement outside the High Court, the Kuye family said the damages “will not alleviate Kameela’s injuries, which are profound”.

“However, the settlement reached will assist Kameela’s care needs into the future and will mean that she will have a better quality of life,” they said.

Family's 'long and arduous battle' since 2004

The family thanked their legal team and paid tribute to Kameela, “who has the most beautiful smile and a great sense of humour”.

Kameela, of Kilmoney, Carrigaline, took the case through her father, Jimmy Kuye, over the circumstances of her birth on December 22, 2004.

Kameela was present in court to hear the ruling by Mr Justice Kevin Cross, along with her parents Ganiyat and Jimmy, who were described as “the most plausibly dedicated, incredibly devoted and committed” people.

Kameela’s father held her hand throughout the court hearing. Her solicitor, Emma Meagher Neville, described the settlement as being a “significant figure in personal injury litigation in this country”. She said it had been achieved following “a long and arduous battle”.

Kameela left with lifelong disability 

Now aged 16, Kameela — who is the third child in a family of five — cannot walk, is non-verbal, has profoundly impaired swallowing, is tube-fed, and suffers from incontinence. She attends a special school in Cork City. 

Her mother, Ganiyat Kuye, who is pursuing a masters degree in social work, said she and her husband, who works in logistics, support the settlement and wanted to thank their lawyers and the court. Kameela is a much-loved member of the family, she said.

Mr Justice Cross told Mrs Kuye she and her husband were to be congratulated for their extremely good care of Kameela and he considered the settlement a “very good” one.

The family has, to date, lived in rented accommodation unsuitable for her needs and the settlement will provide for the purchase of a new home with a hydrotherapy pool and for the extensive care, therapies, and equipment she requires.

Newborn was 'next to death'

The court was told that Kameela was in good condition at the onset of her mother’s labour but when delivered was “next to death”. It was claimed that although there was continuous monitoring of the fetal heart rate at the onset of labour, monitoring was intermittent for the last two hours prior to delivery, contrary to guidelines of the Royal College of Obstetricians and Gynaecologists then in place.

As a result of the alleged negligence, it was claimed there was a failure to recognise signs of fetal distress and failure to intervene to deliver the child before she had suffered oxygen deprivation that caused severe brain injury which led to dyskinetic cerebral palsy with permanent profound neurological disabilities.

In its defence, the HSE denied negligence and said the first warning sign which warranted action had arisen just eight minutes before delivery, too late for any intervention to alter the outcome.