The High Court today approved a settlement of €4 million damages for a boy who is permanently profoundly disabled and has cerebral palsy as a result of negligence during his birth at a Co Galway hospital.
The action was brought on behalf of Seamus Dwyer - seven years old today - through his mother, Ms Mary Dwyer, of Corroy, Ballymurray, Co Roscommon.
Mr John Monaghan, a consultant obstetrician and gynaecologist attached to Portiuncula Hospital, Ballinasloe, Co Galway, had admitted liability and the High Court had been asked to assess the level of damages for Seamus's care, loss of earnings, aids and appliances, and future care.
Yesterday, Mr Justice Paul Butler said he had no hesitation in approving the settlement agreed between counsel for both sides and said he wished the family "all the best". They had had a very tough time, he added.
The settlement includes €900,000 for assisted technology aimed at helping Seamus communicate with a special computer.
Seamus was born showing no signs of life after an induced labour. Following resuscitation, he was kept at the Special Care Baby Unit at the hospital for a week before he was transferred to Our Lady's Hospital for Sick Children in Crumlin, Dublin.
The court heard that Seamus is profoundly disabled, suffers from cerebral palsy, and has severe intellectual and physical deficits resulting in spastic quadriplegia.
He is dependent on others for all his daily activities and is likely to remain so and is unable to walk or sit independently .
His condition is irreversible and he will continue to require ongoing treatment and assistance for the rest of his life.
Counsel for the Dwyers, Bruce Antoniotti SC, told the court that today was, "most poignantly" the little boy's seventh birthday.