A 12-year-old boy with cerebral palsy, who sued over the circumstances of his birth at the National Maternity Hospital in Dublin, has settled his High Court action with an interim settlement of €3.8 million.
The High Court heard Mohammad Al Naimi has cerebral palsy and cognitive impairment. His family listened to the ruling of the case by a remote link from Oman.
The interim settlement, which is for the next six years, was reached after mediation and is without an admission of liability.
Mohammad, of Sandyford, Dublin, had, through his mother, Maryam Al Azani, sued the National Maternity Hospital, Holles Street, Dublin, over the circumstances of his birth on September 28th, 2012.
In the proceedings, it was claimed there was a failure to carry out any proper monitoring of the mother and baby in the course of labour and delivery.
It was further claimed there was an failure to recognise or act upon evidence of foetal distress on the CTG trace throughout the labour in a proper and timely manner.
It was also claimed there was an failure to heed or to note that a syntocinon infusion should only be used when there is clear evidence of failure to progress in labour. It was also contended there was an alleged failure to manage the labour of the mother properly or at all.
Declan Doyle SC, for Mohammad, told the court it was their case that “despite very significant signs and pointers the baby was not delivered swiftly by Caesarean section and the labour was allowed to continue”.
The hospital denied all the claims and the court heard that experts on its side would say the labour was managed appropriately.
Approving the settlement, Mr Justice Paul Coffey said he was satisfied that the offer was fair and reasonable and he wished Mohammad and his family the very best.
The case will come back before the court in six years’ time when Mohammad’s future care needs will be assessed.
