A BOY (11) with severe cerebral palsy has secured €2.8 million in settlement of a High Court action alleging negligence in the circumstances of his birth at the Coombe hospital in Dublin.
The settlement is without admission of liability.
The settlement for Niall Monks was approved yesterday by Mr Justice Michael Hanna, who was told there was a major conflict between the evidence of eminent medical experts relating to the facts of the case. On that basis, lawyers for the boy were recommending the settlement terms, which were being put forward without any admission of liability, the judge was told.
Niall had brought his action through his mother, Maria Monks, of Killeek, St Margaret’s, Co Dublin.
Earlier, outlining the claim, Denis McCullough SC said Niall was born on July 16th, 1997, at the Coombe and had suffered shoulder dystocia and oxygen distress during his delivery. The claim was that Niall had suffered brain damage due to mismanagement of his birth. Counsel said he had been born dead but was resuscitated.
It was alleged the child’s injuries were caused by alleged failure to properly monitor the baby’s heart rate and alleged failure to summon competent medical assistance in time having regard to the presence of a cardiotocograph (CTG) abnormality.
Mr McCullough said his side believed that, had the case gone to a full hearing and succeeded, the damages awarded would have been some €5 million. The hospital had offered to pay 65 per cent of that amount and his side’s medical expert, Dr Roger Clements, felt the €2.8 million offer was a reasonable approach to the case.
The court was told Niall has no independent mobility, his right arm is severely affected by Erb’s palsy, and he is dependent on his parents for basic functions.
Mr Justice Hanna said it was a complicated case and Dr Clements was a highly regarded expert in this area. He said he had no hesitation in approving the settlement.
Outside court, Ms Monks said the family were happy with the outcome of the case.