€11m settlement: ‘This will make a huge difference to Keith’s life’

Consultant obstetrician admitted Mrs Phelan should have been hospitalised on November 30, 1998

Solicitor Kieran McCarthy speaking to the media in July 2021 alongside Keith Phelan and his sisters, Kelly and Lyndsey, and parents Tony and Margaret, after Keith settled his High Court action for €11m. Picture: Collins Courts

A 22-year old Cork man with cerebral palsy, who sued over the management of his birth, settled his High Court action for €11m last July.

Keith Phelan has spastic quadriplegic cerebral palsy and has to use a wheelchair.

The settlement was against retired consultant obstetrician Dr Liam S Mundow of Douglas Road, Cork. Proceedings against the HSE were struck out.

The High Court heard that serious consideration should have been given to the delivery of Keith on November 30, 1998 when the pregnancy was at 33 weeks but his mother’s private consultant obstetrician, Liam S Mundow, told her she would be taken in to hospital 12 days later.

“Dr Mundow indicated he was going on holiday, hunting, and she would be brought into hospital on December 12,” counsel said.

'Sad and tragic case'

He said it was their case that the baby should have been delivered on November 30 and when Mrs Phelan went to her GP on December 11, there was a red flag as she complained of the lack of fetal movement. 

She was brought to St Finbarr’s Hospital, Cork, and Keith was delivered by emergency Caesarean section. The baby had to be resuscitated. 

Counsel said it was a very sad and tragic case. Baby Keith later had seizures and an MRI scan showed a brain injury.

Through his mother, Margaret Phelan, Keith Phelan of Raheen Rd, Youghal, Co Cork, sued the HSE and retired consultant obstetrician and gynaecologist Liam S Mundow of Douglas Rd, Cork.

Series of alleged failures and delays

It was claimed there was an alleged failure to properly investigate, diagnose, or treat the true nature of the condition of Mrs Phelan and her baby, and that there was a delayed admission of Mrs Phelan to hospital.

Keith Phelan from Youghal, Co Cork, leaving court in July 2021 with his sisters, Kelly and Lyndsey, and his parents Tony and Margaret, after he settled his High Court action for €11m. Picture: Collins Courts

Dr Mundow admitted that Mrs Phelan should have been hospitalised on November 30, 1998, with management in the form of close monitoring or delivery, but denied other matters.

The HSE denied all claims in the case and the case against it was struck out.

On November 30, 1998, it is claimed Mrs Phelan attended at Mr Mundow’s private rooms and he noted hypertension, protein in the urine and her blood pressure. She was informed that her pregnancy was to be managed with an admission into hospital on December 12, 1998.

It is claimed that Dr Mundow allegedly advised Mrs Phelan he would be away hunting the following week.

'Devoted and dedicated parents'

Counsel told Mr Justice Kevin Cross that Keith is a very happy young man who likes music and sport and is a Manchester United fan.

He added that Margaret and Tony Phelan are very devoted and dedicated parents.

Outside court, solicitor Ciarán McCarthy on behalf of the family said: “This has been a long journey and it will make a huge difference to Keith’s life and his family. 

“They have been extremely united."