Boy (8) with autism settles High Court case over birth for €10 million

An 8-year-old boy with autism who sued over the circumstances of his birth at the National Maternity Hospital, Dublin, has settled his High Court action for €10 million.

Aston Shiels Flynn, from Gorey, Co Wexford, is on the highest scale of the autism spectrum, only has limited speech, and has developmental delay, the High Court heard.

The settlement marks the end of an eight-year battle for Aston’s family and came about after prolonged negotiations, the High Court heard. Liability and causation were fully contested by the hospital.

Mr Justice Paul Coffey was told this is the second only such case before the courts where it was sought to establish an alleged link between autism and alleged hypoxic events during delivery.

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Aston’s mother, Michelle Shiels, said the settlement will have a huge impact for their son.

Aston’s counsel, Richard Kean SC with Esther Earley BL, told the court the settlement represents 50 per cent of the full value of the claim. He said liability and causation were fully contested by the hospital.

He said it was their case that Aston should have been delivered four days earlier and that neonatal care was mismanaged.

Aston had through his mother sued the National Maternity Hospital, Holles Street, Dublin, over the circumstances of his birth on March 7th, 2014. It was claimed there was a failure to properly diagnose, treat and care for the baby and his mother. Aston was alleged to have suffered acute hypoxia before and at his delivery.

There was also an alleged delay in diagnosing that the baby had hyperinsulinaemic hypoglycaemia and there was an alleged failure to conduct all necessary investigations and seek specialist opinion within three hours of his admission to the neonatal unit.

All of the claims were denied.

Approving the settlement, Mr Justice Paul Coffey said it was a very sad and tragic case where there would be significant risks to pursuing litigation.

The judge said the €10 million offered was a fair and reasonable settlement. He told Aston’s parents he was delighted they had reached a settlement and said he was sure it had been a great burden for them for a very long time.

He wished the boy and his parents all the best for the future.

Outside court, the family’s solicitor, Georgina Robinson, said Aston is a happy 8-year-old boy who, despite his condition, lives his life in the company of his loving family. Outside of this Aston does not speak, he does not understand simple instructions and cannot express his feelings, she said.

She added that his parents have learned to manage Aston’s condition as best they can and their own lives have been “hugely affected”.

Throughout the court process, they have “only ever sought a fair settlement for Aston which will provide for his future and for specialist treatment which may help him become more independent”, she added.