Boy (9) with cerebral palsy settles action over circumstances of birth for €14m

A nine-year-old boy with cerebral palsy who sued over the care provided to him and his mother at the time of his birth at Portiuncula Hospital in Co Galway has settled a High Court action for €14 million.

Henry James Nally suffered a catastrophic injury and has diplegic cerebral palsy, requiring him to use a wheelchair, his counsel told the High Court on Friday.

At the time of his birth at Portiuncula Hospital in Ballinasloe, Henry developed a Group B Streptococcus infection, then meningitis and septicaemia and became gravely ill, it was claimed.

Richard Kean SC said it was the Nally’s case that antibiotics should have been administered to the mother, who had a high temperature, and the baby, which would have killed the bacteria in his brain. Counsel said a medical expert on the Nally side contended that, had the baby been started on antibiotics about four hours earlier, the level of bacteria in his blood would have been reduced which would have led to a reduction in motor and cognitive impairment.

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All of the claims are denied, and the settlement against the Health Service Executive is without an admission of liability.

Counsel said it was their case that there was substandard treatment at the Ballinasloe hospital, and it should have been obvious the baby was at risk of infection. He said when the baby was transferred to a Dublin hospital, he received antibiotics, but it was “way too late”, he added.

Mr Kean, instructed by Keira O’Reilly of Keans Solicitors, said meningitis and septicaemia had infected the brain. Henry was placed in an induced coma for three weeks and later diagnosed with diplegic cerebral palsy.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he noted there were litigation risks in the case. He wished Henry and his family the best for the future.

Outside the Four Courts, Henry’s mother Deborah Nally said the settlement will secure all of her son’s needs going forward. She described her nine-year-old as a “witty, determined and very sociable little boy who always lights up a room with his smile”.

Henry, of Ballyglunin, Tuam, Co Galway, had through his mother sued the HSE over the care provided at the time of his birth on August 15th, 2012, and his care at Portiuncula Hospital. Ms Nally was admitted to the hospital on August 14th. It was claimed she felt unwell and complained to staff that she was extremely hot and finding it difficult to breathe.

Henry was delivered in the early hours of August 15th, and it was claimed there was a failure to properly diagnose, treat and care for the baby and mother. All the claims are denied.