A child of four, diagnosed with cerebral palsy, who brought a lawsuit over his care at birth at the hospital, has reached a settlement with the High Court. The court has agreed to a payment of €2.45 million to be provided over the next five years.
Noah Bracken, the child in question, is affected by dyskinetic cerebral palsy, leading to challenges in movement, speech and dependence on a wheelchair. His communication is mostly comprehensible to his parents, as the court was informed.
Justice Leonie Reynolds noted the sacrifice of Noah’s parents, who spent their life savings on their son’s therapies, and praised the efficiency of Noah’s legal team in handling the case and reaching a settlement. However, she made it clear that the settlement does not imply an acceptance of guilt.
The court was informed by Noah’s lead counsel, Bruce Antoniotti, that liability was a point of debate in the case. The agreed settlement amount reflected a 30% reduction due to this contention.
Noah’s mother, Lisa Ward, had attended Portiuncula Hospital in Ballinasloe, County Galway on October 24, 2019, during her pregnancy, due to hypertension. She was prescribed blood pressure medicine with a plan to conduct subsequent tests and induce labour at a later date, through her GP.
Later, a consultant suggested that Ms Ward return to the hospital for observation, a call she claims she never received. This has led to a dispute, with the HSE claiming that when contacted the following day, Ms Ward decided to stick to the pregnancy management plan, which Ms Ward refutes.
The delivery of Noah took place the morning after Ms Ward turned up at the hospital on October 27th. The nature of liability posed substantial issues in this complex case, according to the counsel.
Noah’s solicitor, Dolores Gacquin, outside court, highlighted how the temporary settlement, valid for the following five years, would cater to Noah’s needs, aiming to provide a better life for Noah and his parents.
Noah, a resident of Four Mile House in Co Roscommon, instigated a legal process against the Health and Safety Executive (HSE) through his mother Lisa Ward, associated with his birth and subsequent medical care at Portiuncula Hospital, Ballinasloe, Co Galway. He raised allegations in relation to ineffective expert advice obtained in good time. It was also alleged that his mother was not duly informed about the severity of her medical condition, and adequate monitoring was not provided prior to her discharge from the prenatal unit. Moreover, it was asserted that Noah’s delivery was not expedited as required. On the contrary, HSE refused to accept the allegations, insisting that multiple offers to speed up the delivery had been rejected, and Lisa had chosen to stick to her original pregnancy management plan. The interim settlement was endorsed by Justice Leonie Reynolds who praised both parties for reaching a resolution during Noah’s critical development phase. She affirmed that the settlement would provide Noah with the necessary support during this crucial life stage. The court will revisit this case in five years to evaluate Noah’s prospective care requirements.