A 12-year old boy with cerebral palsy has settled a High Court action with a €1.5 million interim payment to cover him for the next 5½ years after suing over the care he received following his birth.
James Prior was transferred to a Dublin hospital when he became unwell after being born at Mullingar Regional Hospital in 2012.
His senior counsel, John O’Mahony, instructed by Richard Crowley, solicitor, told the court it was their case that the management and treatment of James after birth caused his difficulties. Counsel said a cranial ultrasound on the day after birth was clear, but five days later it showed difficulties with the baby’s brain cells.
Emergency measures should have been taken, counsel said, adding that the transfer of the baby involved a two-hour journey by ambulance to Dublin.
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All of the claims were denied by the HSE.
The settlement against the HSE was reached after mediation and reflected a 25 per cent reduction on the full value sought to account for the litigation risk in the case, Mr Justice Paul Coffey was told. The interim settlement is to cover the next 5½ years, after which the case will come before the court again to assess the boy’s loss of earnings and future care needs.
James, of Edenmore Grove, Raheny, Dublin, who has spastic diplegia, sued the HSE through his mother Tracey Carroll.
It was claimed that James was delayed in reaching many of his milestones. He did not smile until he was three months old and did not walk until he was three years old. His speech was delayed and he did not really talk until he was about two.
James was delivered by emergency Caesarean section on August 22nd, 2012, at Mullingar Regional Hospital and later became unwell and was transferred to a Dublin hospital. It was claimed there was a failure to exercise reasonable care in and around his management, care and treatment in the neonatal period. It was further claimed he had been caused to develop a brain injury, cerebral palsy and neurodevelopmental delay. All of the claims were denied.
Approving the settlement, Mr Justice Coffey wished James and his family well for the future.
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