A six-year-old boy with cerebral palsy who was intensively resuscitated at birth is to receive €2,150,000 and costs in settlement of his High Court action against the Rotunda Hospital, Dublin. The settlement is without admission of liability.
Nathan Murphy, suing through his mother, Ms Hilda Murphy, of St Dominic's Terrace, Tallaght, Dublin, is, the court was told, wheelchair-bound and needs 24-hour care. The child cannot swallow and is fed by tube. He also has visual impairment, suffers epileptic attacks and has undergone many hospital admissions for recurrent infection.
Mr Michael O'Donoghue SC, for Nathan, yesterday told Mr Justice O'Donovan he was recommending the settlement as there was a risk in relation to liability. Liability was not admitted in the case, counsel added.
Nathan was born in the Rotunda hospital on October 1st, 1997. It was alleged there was no foetal heartbeat at birth. The statement of claim alleges that Nathan was intensively resuscitated but there was no cardiac output for four minutes. Blood gases indicated birth asphyxia.
Nathan is dependent for all the activities of daily living, the judge heard. He can indicate "yes" and "no" and can use a communicator switch.
He has received speech and language therapy and has a life expectancy of 20-30 years.
Despite his difficulties, his mother describes Nathan as having developed a sense of humour and fondness for his family and carers who are familiar to him.
The hospital denied negligence in the circumstances surrounding Nathan's birth and pleaded that the boy's injuries did not result from any act or omission on the hospital's part.
Mr Justice O'Donovan said he believed this was a prudent settlement.