Boy (10) who requires 24-hour care settles action over birth management for €1.6 million

A 10-year-old boy with cerebral palsy who sued over the circumstances of his birth at Wexford General Hospital a decade ago has settled his High Court action for €1.6 million.

Jakub Sutor has the most severe form of cerebral palsy, cannot sit or stand and requires 24-hour care, the court heard.

The settlement was reached after nine hours of mediation, Mr Justice Paul Coffey was told, and there was a significant issue as to causation in the case.

Bruce Antoniotti SC, counsel for the boy suing through his mother, said it was their case that when the mother was in Wexford General Hospital on December 26th, 2012, there were “ominous signs” in relation to the baby’s heart rate monitor which should have triggered some action.

The Dublin-New York Portal didn’t show us Manhattan, just our badly-behaved selves

---

Cannes 2024 Movie Quiz Special: How many women have won the Palme d’Or for directing?

---

Eric Clapton in Dublin review: guitar hero rocks the grey-haired faithful with a night of classics

---

Dublin-Monaghan bombings: ‘When I looked out into the street, I knew all normality was gone. It was like hell on Earth’

---

Counsel said it was their case that Jakub should have been delivered about an hour earlier to avoid the foetal distress. It was contended this would have led to him having better mobility and intellect.

Jakub Sutor, who now lives in Poland, had sued the HSE through his mother Justyna Pieczara over the circumstances of his birth at Wexford General Hospital on December 26th, 2012. At the time of Jakub’s birth his family lived in Co Wicklow but they have since moved back to Poland.

It was claimed there was a failure to properly manage and monitor the labour, delivery and birth of the baby and to intervene in the mother’s labour in an appropriate, prompt or timely manner.

A breach of duty is admitted in relation to the management of the birth, but Mr Antoniotti told the court causation was at issue in the case. Experts for the HSE contended that any damage occurred prior to the onset of labour and probably about 18 hours before delivery.

Approving the settlement, Mr justice Paul Coffey said it was a very sad and tragic case. He said there were very grave and overwhelming issues in relation to causation and he was satisfied the settlement was fair and reasonable.