A 23-year old man who is severely brain damaged as a result of alleged negligence at the time of his premature birth at a Limerick city maternity hospital is to receive €2.9 million damages in settlement of his High Court action.
Jordan Byrne had, through his mother Clare Byrne of Shanganagh Vale, Loughlinstown, Dublin, sued the Midwestern Health Board for damages arising out of the circumstances of his birth at St Munchin 's Regional Maternity Hospital, Limerick in January 1984.
Approving the settlement today, Mr Justice John Quirke said nothing could compensate the parents of Jordan, who have given extraordinary care to their son. He described the settlement as a very large sum and said he could not possibly do other than approve it.
Earlier, Mr Denis McCullough SC, for Jordan, said the boy was born at the Limerick hospital on January 7th, 1984, weighing just 1.36 Kg and significantly premature at 33 weeks and three days. This was Ms Byrne's first pregnancy.
Jordan had suffered severe brain damage and is now significantly and permanently mentally and physically disabled, counsel said. He is a bright and cheerful young man who is very severely physically disabled and uses his motorised wheelchair by finger control.
Mr McCullough said there was a substantial conflict in the case on the issue of over ventilation and the hospital contended that it was not known in Ireland in 1984 that low levels of carbon dioxide caused by over ventilation could and would cause brain damage.
The hospital had denied the claims and the case, had it proceeded, was expected to last six weeks.