Girl (14) settles High Court action over care received at birth for €6.75m

Carly Flynn has cerebral palsy, uses a wheelchair and has a mild learning disability, court hears

The claims are denied and the settlement is without an admission of liability. Getty Images/iStock
The claims are denied and the settlement is without an admission of liability. Getty Images/iStock

A 14-year-old girl who sued in the High Court over care she received at the Coombe Hospital, Dublin around the time of her birth has settled her action for €6.75 million.

Carly Flynn has cerebral palsy, uses a wheelchair and has a mild learning disability, the court heard.

Her senior counsel, Sara Antoniotti, said an issue in the case was the 8½ hours before the delivery by emergency Caesarean section in October 2010.

The settlement was reached after mediation and is without an admission of liability. Counsel said there were significant liability issues in the case, and the hospital denies all of the claims.

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Ms Antoniotti, instructed by solicitor Dolores Gacquin, told the court Carly Flynn had a seizure at four months old. An MRI one month later showed features of a brain injury, she said.

In the proceedings, it was claimed there was a failure to recognise or properly respond to alleged significant signs suggestive of chorioamnionitis, which is an infection of the mother’s placenta and amniotic fluid.

Ms Antoniotti said mother Amanda Flynn was 20 years old when she gave birth to Carly. Her daughter is unlikely to ever work, but wants to be a podcaster, she said.

Carly Flynn, from Monksland, Athlone, Co Roscommon, had through her mother sued the Coombe Women and Infants University Hospital, Dublin.

Ms Flynn had been transferred to the Dublin hospital in August 2010 for the duration of her pregnancy until delivery.

The case further alleged there was a failure to properly respond to several risk factors predisposing the mother to a risk of developing the chorioamnionitis infection.

It was contended there was a failure to promptly prescribe intravenous antibiotics for the mother.

Chorioamnionitis was allowed to progress untreated so that by the time of the delivery it triggered inflammatory mechanisms in the baby’s brain, the action claimed.

It was further claimed there was a failure to provide or procure any appropriate, effective and timely specialist advice as to the condition of the baby and mother.

All of the claims are denied.

Approving the settlement, Mr Justice Paul Coffey said there were significant difficulties around proving causation of the injuries.

He wished Carly Flynn well and said he is looking forward to following her podcasts.