Man awarded €4.2m in settlement

A severely disabled young man has secured €4

A severely disabled young man has secured €4.25 million in settlement of his High Court action over alleged negligence in the circumstances of his birth at a Cork hospital. The settlement is without admission of liability.

Dermot Moylan, now aged 20, suffered severe mental and physical injuries as a result of his brain being deprived of oxygen shortly prior to his birth and will require life-long care, it was claimed.

Through his mother Anna, Dermot, Firville Mallow Co Cork, had sued the Southern Health Board; Erinville Hospital, Western Road, Cork and two doctors - David Jenkins, Erinville Hospital and John McKieran, The Cork Clinic, Western Road, Cork.

He claimed the defendants were negligent and breached their duty of care towards him during the circumstances of his birth at the hospital on the morning of August 7th, 1989.

Mr Justice Iarfhlaith O'Neill said he was "more than happy" to approve the settlement offered.

In his claim, it was alleged the defendants failed to take measures including early delivery by Caesarean section which, it was alleged, would have prevented Dermot suffering injuries.

It was claimed, due to alleged negligence, a disruption to the child's blood supply in the course of labour was not detected by the defendants and, as a result, his brain was deprived of oxygen causing damage to his nervous system.

It was further claimed, despite the detection of an irregular heartbeat following his mother's admission to the hospital, the defendants failed to take appropriate action.

The defendants had denied the claims.

Today, when recommending acceptance of the settlement offer, Denis McCullough SC, for the plaintiff, said Anna Moylan was admitted to Erinville Hospital about 3am on August 7th, 1989 and Dermot was born at approximately 7.17am.

As a result of a lack of oxygen to his brain, Dermot suffered brain damage and epilepsy, it was claimed. He has limited learning skills, mobility problems and attends a care centre five times a week.

Counsel said it would have been their case Dermot should have been delivered by Caesarean section as soon as his mother was admitted to the hospital. Had that happened, it was their case, he would have avoided most if not all of the injuries he suffered.

After the hearing, Cathal Lombard, solicitor for the Moylan family, said they were pleased the case was at an end and the settlement would provide for Dermot's future needs. Mr Lombard also paid tribute to the family over the level of care provided by them for Dermot.