Family 'would give €30m back in a heartbeat' if Oran's injuries could be erased

Oran Molloy's solicitor said that, three weeks before the trial date, liability was admitted in the case, and the HSE then sought to adjourn the case for four years

‘This is the highest award, but justifiably so, and is about €12m more than what is normally awarded,’ said Gillian O’Connor, solicitor for Deirdre and Adrian Molloy, when speaking to media outside the High Court in November after Oran Molloy settled his birth injury case for € 30m. Picture: Collins Courts

A 14-year old boy with cerebral palsy, who sued over the circumstances of his birth at a Galway hospital, has settled his High Court action for €30 million.

Oran Molloy from Birr, Co Offaly, has spastic diplegia which affects all four limbs.

The court was told the boy’s settlement is the largest recovery of damages in a birth injury case in this jurisdiction. Counsel said the mediation talks were “protracted and difficult”.

Oran's story is part of an Irish Examiner Special Report today, including the stories of people who had sought and secured compensation, and comment from solicitor Lyndy Cantillon.

When he was five, Oran had surgery in the US which was financed by local fundraising and he could then take some steps with crutches. However, his mobility has since lessened. 

The court heard under the settlement agreement he will have a special needs assistant at school. Oran hopes to become an electrical engineer. He had sued the HSE over injuries suffered during his birth at Portiuncula University Hospital, Ballinasloe, Co Galway on December 31, 2006. Liability was admitted in the case.

Outside court, Gillian O’Connor solicitor on behalf of Oran’s parents Adrian and Deirdre Molloy said that, while €30m was a lot of money, “the Molloys would give it back in a heartbeat” if only the night of the December 31 when Oran was born and injured at birth “could be changed and the errors erased.”

Three weeks before the trial date, she said liability was admitted in the case and the HSE then sought to adjourn the case for four years.

Ms O’Connor said they had asked for an annual payment linked to wage inflation but this was refused and so the Molloys were obliged to go for a lump sum.

“This is the highest award but justifiably so and is about €12m more than what is normally awarded,” she said.

Oran, of Riverstown, Birr, Co Offaly had through his mother Deirdre Molloy sued the HSE over the circumstances of his birth at Portiuncula University Hospital, Ballinasloe, Co Galway on December 31, 2006.

Ms Molloy’s pregnancy was initially uncomplicated but, in November 2006, she suffered an antepartum haemorrhage and was admitted to hospital. The baby, after a scan was noted to be healthy and the mother was advised to rest.

Ms Molloy was assessed on weekly basis after her discharge from hospital.

On December 30, Ms Molloy had another haemorrhage and was taken by ambulance to hospital where CTG monitoring of the baby’s heartbeat was begun. She was brought to the labour ward.

Ms Molloy suffered another antepartum haemorrhage at around 2.30am on December 31, and a decision to have an emergency caesarean section was made.

When delivered, baby Oran required intensive resuscitation with intubation and ventilation.

It was claimed that there was a failure to carry out any or any proper monitoring of Ms Molloy and her baby in the course of her labour and delivery, and that the CTG trace was discontinued when it ought not to have been.

It was further claimed an unsafe set of conditions was allowed to persist during the course of labour and it should have been known it would cause damage and injury to baby Oran.