The High Court has processed an interim resolution for the birth circumstances lawsuit initiated by a 10-year-old girl, awarding her an initial €733,000 to account for the upcoming eight years. The resolution, which came about following mediation, holds the Health Service Executive (HSE) liable for precisely 40% of the case, according to information relayed to Mr Justice Paul Coffey.
The legal representative for the young girl, Jeremy Maher, led by the solicitor Paul Kelly, informed the court about Aliyah Bowden’s current condition of autism and ADHD. They presented arguments that these diagnoses could be potentially linked to alleged negligent medical care at Midland Regional Hospital, Portlaoise, hence a supposed breach of their duty. The HSE refused these allegations but did acknowledge that six pulls using a metal vacuum during Aliyah’s delivery in 2013 might have been unnecessary.
Despite this admission, the HSE wouldn’t acquiesce to any presumed damage inflicted on Aliyah during her delivery. If this case had proceeded to a full hearing, it would’ve spanned more than 12 weeks and required testimonies from 16 experts. As Maher pointed out, an expert on their team was ready to argue the non-genetic nature of Aliyah’s disorders.
Aliyah, whose full name is Aliyah Bowden McDonald, and who lives in Ballickmoyler, Co Laois, initiated the lawsuit against the HSE through her mother, Katie Bowden. Katie Bowden entered Midland Regional Hospital for labour induction on 19th July, 2013, and gave birth the following day.
The lawsuit alleges that the medical staff’s standard of care for the mother and her baby during labour, delivery, and the neonatal period was unacceptable. The assertions include Aliyah’s delivery in the early morning of 20th July following a protracted second stage of labour, involving the application of six pulls using a metal vacuum. It further states that the infant should’ve been delivered by Caesarean section no later than 11.15pm on 19th July and that the delivery was unnecessarily distressing due to the excessive vacuum pulls.
The suit also highlights missed critical signs, like irregularities in the CTG monitoring the baby’s heart and failure to perceive or address possible foetal hypoxia. The claim asserts that the newborn suffered a degree of hypoxic-ischemic encephalopathy.
The assertion was made that if the infant had undergone a Caesarean section at 11.15pm on the 19th of July, any hypoxic ischemia could have been prevented. However, such allegations were refuted. In court, Maher expressed it was a multifaceted case involving both medical and scientific controversies. He pointed out, the settlement was the optimum resolution. He affirmed Aliyah’s parents, Katie Bowden and Daragh McDonald, posess satisfaction with the agreement. In his belief, they have shown great bravery and put in every effort to secure their child’s future. Mr Justice Coffey remarked that the settlement was equitable and reasonable. He conferred praise upon the girl’s solicitor, Paul Kelly, for his commitment, acknowledging that such situations present overwhelming obstacles. The case is scheduled to be revisited by the courts in eight years time for a reassessment of Aliyah’s future care needs. Be sure to tune in to our Inside Politics Podcast for the most current discussions and insights. Subscribe for push alerts to receive notable news, critical analysis, and comments straight to your phone. Keep up to date by finding The Irish Times on WhatsApp.