The Rotunda Hospital in Dublin yesterday applied to the High Court to strike out an action for alleged negligence against the hospital regarding the birth of a girl there almost 19 years ago.
The girl is physically and mentally disabled, suffers from cerebral palsy and will require lifelong care.
The proceedings were instituted early last year and the hospital claims the delay in bringing them is inordinate and inexcusable and has seriously prejudiced its defence.
The plaintiff claims some of the delay was due to the hospital's failure to send out certain records. Ms Ruth Glynn (18), of Grange Park Grove, Raheny, Dublin, is suing the hospital through her father, Kevin.
It is claimed that Ms Glynn sustained severe injuries as a result of negligence and mismanagement of her mother's labour at the Rotunda on August 27th, 1981. Ms Glynn's mother, Mrs Connie Glynn, now deceased, was admitted to the Rotunda on August 23rd, 1981, and Ruth was born four days later.
Yesterday, Mr Paul Gallagher SC, for the hospital, said he was seeking an order striking out the proceedings on grounds of delay. He said Ruth was born in a very distressed state. She was diagnosed with cerebral palsy two years later.
He said proceedings against the hospital claiming the injuries suffered were caused by the negligence of the hospital were initiated only in January 1999.
Some important witnesses were not available and other witnesses had no recollection of events because of the lapse of time. Mrs Glynn had died in 1997. He argued sufficient hospital records were available to the plaintiff to have allowed her advance her case earlier.
In an affidavit, Mr Glynn said he and his wife were devastated by their daughter's condition and his wife took years to accept it. There was undue strain placed on Mrs Glynn, who died in 1997.
Mr Glynn said he was concerned about his daughter's future care and had decided to reopen the investigation into her birth. He said the hospital could not say it was in an impossible situation regarding defence of the action: it had been alerted to the matter in 1984, and he understood many of those involved in his wife's labour were still working at the hospital.
The hearing before Mr Justice O'Sullivan continues today.