A 13-year old boy who sued over the circumstances of his birth at South Tipperary General Hospital has settled his High Court action with a €1.8 million interim payment.
The boy, who has autism, cannot be named by order of the court.
The settlement is based on a liability apportionment of 66 per cent against the Health Service Executive.
The boy’s counsel Liam Reidy SC told the court the case related to the care provided when the boy’s mother was in labour at the hospital in Clonmel, Co Tipperary.
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Counsel said it was their case that the hospital had scans of the baby which showed his delayed growth, which put him in a high risk category in the lead up to labour in October 2011.
The CTG trace, which monitors the foetal heartbeat, was reassuring, counsel said, but a decision was made to stop the CTG monitoring for four hours.
Mr Reidy said it was their case that when the CTG monitor was reconnected it was alarming and pathological, and if it had been in place this would have been recognised earlier.
He said a junior doctor found the CTG trace unsatisfactory and a senior doctor was called, and there was then a rush for an emergency Caesarean section.
Counsel said it was their case that the baby should have been born 20 minutes earlier. He told the court that the HSE claimed that all monitoring and care was appropriate.
The boy’s mother told the court that her son is a joy, and the settlement – which is for the next five years – will help him get the therapies he requires.
In the proceedings against the HSE, it was claimed there was an alleged failure to monitor the baby’s heart rate continuously.
It was further claimed that the CTG trace which monitors the baby’s heartbeat was discontinued when it was inappropriate or dangerous to do so, and when it was allegedly known that the baby was very small and therefore had a greatly increased risk of foetal hypoxia during induction and labour.
It was further contended that there was an alleged failure to monitor the heartbeat from 10.00am until 2.00pm on the day that the child was born, and a failure to obtain the immediate attention of an obstetrician on the occurrence of a prolonged late deceleration of the foetal heart rate.
There was also it was claimed an alleged failure to carry out a Caesarean section immediately when presented with a pathological foetal heart rate pattern.
The HSE denied all the claims.
The case will come back before the courts in 2032 when the boy’s future care needs will be decided.
