'We have fought for Alex’s rights against the might of the State and the HSE'

Mother says settlement will help him live 'as best a life as possible' with his injury, but that it won’t change what happened

Alex Foley, 11, with his parents Patrick and Laurane, at their home in Midleton, Co Cork. Picture: David Keane

An 11-year-old boy with cerebral palsy, who sued over the circumstances of his birth at Cork University Maternity Hospital, settled his High Court action in October for almost €20m.

In the High Court, a final lump sum payment of €18m was approved for Alex Foley from Midleton, Co Cork bringing to €19.98m the amount secured in his case.

Mr Justice Paul Coffey was told that Alex, who has spastic diplegic cerebral palsy, can now walk up to 2km after key surgery in the US.

His parents, Patrick and Laurane Foley, said the final settlement marks the end of their 11-year battle.

“Our battle started when we were at our weakest and consumed with the 24-hour care of Alex,” Mrs Foley said in a statement outside the Four Courts.

“It has been a struggle since that day as we have fought for Alex’s rights against the might of the State and the HSE.”

She said every last cent of the lump sum settlement will be spent ensuring Alex has the quality of life he deserves, including access to many specialist therapies, treatments, and equipment he needs.

“It will help him live as best a life as possible with his injury, but of course it won’t change what happened," she said.  

"There is no amount of money that could compensate Alex for his injury, or give him back the life he should have had:  

What this will do is ensure he has a life that is as good as it can be. It is the very least he deserves. 

The court heard the little boy could only walk a few steps but since key surgery in the US he can now walk 2km without assistance. The first surgery was paid for by a huge fundraising effort in his community.

The High Court was previously told Ms Foley was pregnant with twins and had a scan in June 2010 which showed a low-lying placenta.

There was another scan in September 2010 and a low-lying placenta meant there was a real risk of vasa praevia. There was, it was claimed a failure to identify, at an earlier stage, a complication of pregnancy — vasa praevia — in which a baby’s blood vessels cross or run near to the internal opening of the uterus.

Family: 'Further scan would have identified risk'

The Foley side contended there should have been another more specific scan at this stage and if there had been it would have identified the risk.

The HSE denied the claims and contended that it was not normal practice to carry out the second scan.

Mrs Foley told the court it is absolutely amazing Alex can now walk. She said they wanted to accept a lump sum payment as they didn’t want “to go through the process anymore". 

Approving the settlement, Mr Justice Paul Coffey said the extraordinary if not miraculous progress Alex has made must be a great comfort to his parents.

Outside court, the Foleys, flanked by their legal team, had a special mention for those who over the years raised funds and donated for his key surgery and equipment.

“Thank you to all those who helped Alex get his SDR surgery at the time in his life when it would be most effective and helped fulfill his wish to walk. And to those who fundraised and donated for his wheelchairs, both of which the HSE would not provide.”