A ten-year-old boy with cerebral palsy is to receive €3 million and costs in settlement of his legal action against the Southern Health Board.
Andrew Hanafin had sued the SHB through his mother Mrs Maire Hanafin, Beenbane, Dingle, Co Kerry. The SHB had denied negligence.
The proceedings were settled today at the High Court without admission of liability and the settlement was approved by Mr Justice Johnson.
Ms Hanafin claimed she was admitted to Tralee General Hospital on January 23rd, 1994 with pains, having commenced spontaneous labour early that morning. Andrew was born that afternoon.
It was alleged the hospital was negligent in causing or permitting the foetus to receive an inadequate oxygen and blood supply during labour, that the child was left with dyskinetic cerebral palsy as a result and is now severely physically and mentally handicapped.
He had also developed epilepsy, had severe and permanent brain damage and would require permanent nursing care throughout his lifetime.
Mrs Hanafin told Mr Justice Johnson that she and her husband intended to look after Andrew for the rest of his life. They intended to build a new house in an attempt to make life easier. They had one other son, Donal, aged six.
Approving the settlment, Mr Justice Johnson said it was quite clear that Andrew had received ten years of dedication 24 hours a day from his parents which was something which could not be valued.
He ordered that a sum of €300,000 be paid out to the parents as a token of the care and attention they had given their son.