An award of €4.5 million - one of the largest settlements in the State - has been made in a personal injuries claim to a brain-damaged seven-year-old girl born here of Israeli parents.
It was alleged the child's mother was wrongly put on an oxytosis drip to accelerate labour at the National Maternity Hospital, Holles Street, Dublin, and, as a consequence, the child suffers from cerebral palsy.
The action alleging negligence was taken on behalf of Ms Haya Shiri Kraft, suing by her father, Mr Amir Kraft against the hospital; the Master of the hospital, Dr Declan Keane, Belfield Downes, Clonskeagh, Dublin; and a hospital registrar, Dr Sheila Mulvey.
The settlement is without admission of liability on the part of the defendants.
Outlining the case yesterday to Mr Justice Johnson, Mr Paul Sreenan SC, for the child, said the parents came to Ireland when Mr Kraft, a software specialist, was employed by Intel. The child's mother, Ms Miriam Kraft, had practised as a dental surgeon in Israel and temporarily gave up her practice to come to Ireland.
Mrs Kraft had attended the maternity hospital while pregnant with Shiri between March and September 1995. The parents claimed that, owing to the negligence of the defendants, Shiri suffers from cerebral palsy. Mr Sreenan said his client's case was that there were reasons for the hospital, Dr Keane and Dr Mulvey, to have paid particular attention in relation to Shiri's birth.
Coming up to the birth there had been complaints of reduced foetal movement, but on investigation the baby was found to be fine.
Mrs Kraft was admitted on September 22nd 1995, and the following day Mr Keane decided to puncture her waters. It was not clear whether Dr Mulvey consulted Mr Keane but Dr Mulvey put Mrs Kraft on an oxytosis drip to accelerate labour. All the evidence on behalf of the child would have been that this was the wrong thing to do at that point in time.
Following the administering of the drip, the monitor recorded extreme variations and for about 40 minutes it seemed Shiri's mother was not seen by a doctor, despite making a request, counsel said.
She was later rushed to an operating theatre for a Casarean section but, by the time she was prepared, the baby was delivered. Shiri had no heartbeat at birth and required resuscitation. As a consequence she suffered cerebral palsy. Mr Sreenan said when Shiri was six weeks old, her parents returned to Israel.
In terms of the severity of her condition, Shiri had done very well. That was largely a tribute to the devotion of her parents who had insisted on not giving up on her in anyway. The parents had applied the teaching methods of the Peto Institute in Hungary and had gone to Philadephia to informed themselves of other teaching methods.
It was expected that when she achieved 18 to 20 years of age, Shiri would move out to independent accommodation close to her parents. She would require constant care.
Approving the settlement, Mr Justice Johnson said it was wonderful to hear of the dedication of the parents. He ordered the payment of €400,000 in special damages now and said the remainder of €4.1 million should be paid into court. Once Shiri had been made a ward of court in Israel the money could be transferred to the Israeli courts.
A National Maternity Hospital spokeswoman said yesterday that they would be making no comment on the case. The settlement was private between the parties and there were confidentiality clauses included in the agreement, she said.