A man of 25, living with cerebral palsy, has won a €9 million lawsuit against Rotunda Hospital in Dublin due to the circumstances surrounding his birth there. According to court rulings, the identity of the man cannot be disclosed. He requires continuous care, as per the court’s observations.
The court was informed by Jonathan Kilfeather SC, the man’s representative, that the infant incurred a hypoxic brain injury. At one, he had epilepsy, and by the age of two, he was diagnosed with cerebral palsy. The man’s mother has been selflessly taking care of her son and other children without any external help or support, as stated by the legal counsel. “She has devoted her life to the welfare of her son,” the counsel argued.
Following negotiation discussions, a settlement was agreed upon. Through his mother, the man filed a lawsuit against Rotunda Hospital, Parnell Square, Dublin, for the conditions of his birth in 1998. Allegedly, his mother was past her due date and was brought into hospital in October 1998 to instigate the labour process.
Claims were raised that she wasn’t examined by a doctor until 8.30pm, during which significant drops in the foetal heart rate were allegedly noticed. The baby was delivered through the ventouse method at 10.20pm.
During the initial stage of labour, the standard of care provided was claimed to be inadequate. It was further alleged that there was a failure multiple times to halt the Syntocinon infusion, which is expected when there’s a decrease or abnormality in the foetal heart rate.
There were arguments that a Caesarean section should have been performed after the mother was examined by a doctor at 8.30pm. Moreover, it was also contended that there was insufficient care provided to the baby and his mother during the second stage of labour.
The court learned that the medical facility admitted liability for the case. The mother explained to the court that her son is incapable of reading the time and lacks the ability to cater for his own needs.
Upon affirming the settlement, Mr Justice Paul Coffey asserted that it was a just and reasonable resolution, wishing the man, his mother, and their family good fortune moving forward.