Child with rare chromosome disorder settles case over birth circumstances

A child with a rare chromosome disorder has settled a High Court action against a Dublin maternity hospital over the circumstances of her birth.

The settlement of the case brought by 10-year-old Ella Dowling, suing through her mother Louise O’Keeffe, came after 17 days at hearing.

The Rotunda Hospital did not make any admission of liability.

Ms O’Keeffe was told by a judge that there was a risk of continuing to litigate her case, which could see her face a “swingeing order for costs against her” if she lost after a full hearing.

Sinéad Hussey: ‘We treat miscarriages as a blip or something that’s easily forgotten’

---

Michael Murphy: Devising great tactics won’t matter if the best players aren’t on the pitch

---

‘People are not reading your stuff’ is the worst thing you can say to journalists

---

‘I am 39 and feel like I have not managed to make much of my life’

---

Mr Justice Paul Coffey described the case as heartbreaking and said he would approve the €300,000 offer put before the court.

The judge said the offer was “something tangible” for the benefit of the girl, so he approved the settlement as fair and reasonable. He said he must act in the best interests of the child.

Ella, of Swords, Co Dublin, had through her mother sued the Rotunda over the circumstances of her birth on July 25th, 2013.

It was claimed the baby suffered a type of brain damage allegedly caused by a lack of oxygen to the brain. All of the claims were denied.

Ella, who has autism spectrum disorder was diagnosed with a rare chromosome disorder, called Neurofibromatosis Microdeletion Syndrome, when she was three years of age.

The court heard there were significant difficulties with her case regarding liability for her injuries and, in particular, proving the cause of them.

If the case was to continue before the High Court, it could run to late March and a judge could conclude Ella’s presentation is entirely explained by her genetic condition, the court heard.

Ms O’Keeffe told the court she gets great support from her family but she was disappointed with the offer.

“I worry about Ella’s future. I am a single parent with two other children and I am concerned about her care,” she said.

“It is such a small settlement and she has her whole life ahead of her. I wanted to secure her future,” she said.

Mr Justice Coffey saluted Ms O’Keeffe’s courage in bringing her case “for the noblest of reasons”.

“If ever there was a deserving plaintiff, it is Ella. It is abundantly clear she requires care and support,” the judge said. Unfortunately, he said the evidence was insufficient and he was satisfied there was a litigation risk for proving the cause of her injuries.

The judge also noted that Ella’s legal team was not taking a penny of the settlement which was inclusive of costs.

• Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
• Find The Irish Times on WhatsApp and stay up to date
• Our In The News podcast is now published daily – Find the latest episode here