A child who has a permanent scar on her forehead after an elasticated-type bandage was left on her head for 30 hours after her birth at Cork University Maternity Hospital has secured €240,000 under a settlement of her legal action.
Abigail Byrne, now aged five, will have this "cross" on her forehead, a scar measuring 10cm long and 1cm wide, for the rest of her life and it "mutilates her striking natural beauty", her counsel John O'Mahony SC previously told the High Court.
Her mother had told the court she had been told the mark would fade within a week but a public health nurse who visited after the mother’s discharge from hospital said the mark looked permanent and told her to seek advice on it.
Dr O’Mahony told Mr Justice Kevin Cross on Wednesday that the scar will never go away and options such as plastic surgery will not be available to Abigail until she is in her late teens.
Through her mother Jennifer Byrne, Tobartae House, Ryefield West, Whitechurch, Co Cork, the child sued the Health Service Executive (HSE) as a result of her treatment after her birth in 2011 at Cork University Maternity Hospital.
Forceps delivery
The baby was delivered by forceps delivery on the morning of January 14th, 2011, after a difficult birth. It was advised a stocking bandage be applied to her head and that remained in place for some 30 hours until the evening of January 15th, 2011.
It was claimed there was a failure to ensure positioning of the bandage would not give rise to tissue dislocation or damage. It was alleged the bandage was applied too tightly and excessive pressure from a crease in the bandage cut off blood supply to the skin and tissue.
Had the bandage been applied correctly, Abigail would not have been left with a facial deformity, it was alleged.
Liability was admitted and the case was before the court for assessment of damages only.
In evidence, Jennifer Byrne said when Abigail was born, she thought her daughter’s head was misshapen. Abigail had a tiny mark from the forceps but she was reassured the damage was all on the outside of the head, Ms Byrne said.
Christening delayed
She said a stocking bandage, an elasticated piece of fabric, was recommended for Abigail’s head. “I can only imagine it was too tight,” she said. “It was either unwarranted or on for too long. I was reassured it would fade. I was told it would be gone by the end of the week.”
Abigail’s christening was delayed by a month so the mark on her forehead would not be so obvious, she added.
Approving the settlement, Mr Justice Cross said it was a reasonable one and he wished the child well for the future.
