A 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 H
Jordan Byrne (23) had, through his mother Clare Byrne, 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 1984.
Approving the settlement yesterday, 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, Denis McCullough SC, for Jordan, said the boy was born at the Limerick hospital on January 7th, 1984, weighing just 1.36kg and significantly premature at 33 weeks and three days. This was Ms Byrne's first pregnancy.
Mr McCullough said Ms Byrne was suffering pre-eclampsia fits and the baby was delivered by an emergency Caesarean operation.
The baby had to be incubated and it was the Byrnes' case that he was over-ventilated, causing low levels of carbon monoxide in the blood. As a result vital blood did not reach parts of the brain, it was contended.
Jordan had suffered severe brain damage and was now significantly and permanently mentally and physically disabled, Mr McCullough said. He was a bright and cheerful young man who was very severely physically disabled and used his motorised wheelchair by finger control.
He 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 monoxide caused by over-ventilation could and would cause brain damage of this kind.
He also criticised the hospital for letting Ms Byrne go after she had had her blood pressure checked and an ultrasound scan in December 1984.
It was claimed the hospital had failed to monitor Ms Byrne's blood pressure adequately between December 5th, 1983, and January 7th, 1984, and that arrangements should have been made for Ms Byrne to come back to the hospital to be checked again.
The hospital had denied the claims and the case, had it proceeded, was expected to last six weeks.