Boy (13) settles case against HSE over damage at birth for €17.6m

A 13-year-old boy who suffered damage during his birth at a Cork hospital and now has cerebral palsy has settled his High Court action against the HSE with a final payment of €15 million.

This brings to €17.6million the total amount paid to Arron Michael O’Keeffe, who previously received interim payments amounting to €2.6million.

Arron’s mother Helen O’Keeffe, from Mallow in Co Cork said, the final settlement marked the end of a 13-year ordeal for her family.

“We would hand back the €17.6 million in a heartbeat if it were possible for Arron to get back what was taken from him in those hours before his birth,” she said.

In a statement read outside the Four Courts by solicitor Aoife O’Kane, of Augustus Cullen Law Solicitors, Ms O’Keeffe added: “We think it is important for people to understand that this settlement is not some kind of lottery win for Arron, all of this money will be badly needed so that Arron can live as normal life as possible for the rest of his life.”

The settlement will help to ensure Arron will get all the excellent care, treatment and therapy he needs over the coming years and hopefully it will bring financial stability throughout his life, the statement added.

Twinkle

She said Arron has always had a happy, smiling face, even from birth, with a twinkle in his eye.

“No matter what pain and suffering he has been going through over the past 13

years, he always came back with that special smile that would light up a room,” she said in the statement.

Approving the settlement, Mr Justice Kevin Cross said it was a good and reasonable one and he told Arron’s mother not to worry if people say it is a fortune.

The judge said it was not a fortune and of the €17.6million, less than €500,000 was damages and the rest related to necessary expenses to give him some sort of life as he would have had. He thanked Ms O’Keeffe for the care given to her son and wished them well for the future.

Arron had sued the HSE though his mother Aoife, of the Island, Kiskeam, Mallow, as a result of the circumstances surrounding his birth at Erinville Hospital, Western Road, Cork, on April 11th, 2006.

Liability was conceded in the case six years ago.

It was claimed the HSE was negligent and in breach of duty in that it failed to ensure continued and careful monitoring and observation of the condition of the baby and his mother following admission to the hospital on April 11th, 2006.

Labour

It was also claimed, because of negligence by the HSE in the management of his mother’s pregnancy, induction of labour, and delivery, Arron suffered profound hypoxic insult, resulting in cerebral palsy.

The court heard Ms O’Keeffe had been admitted to Erinville Hospital for planned induction of labour. A CTG trace was started before 8am and showed abnormalities in the foetal heartbeat.

At about 1.30pm, a decision was made to deliver by emergency caesarean section, but when Arron was born over an hour later, he was in a very poor condition and required vigorous resuscitation.

The case was back before the High Court on Tuesday to assess Arron’s future care needs.

Aongus O Brolchain SC, counsel for the boy, said Arron is a very likeable child and his left side is stronger than his right. He attends school and he can walk with a shuffling gait.

Ms O’Keeffe told the court she was happy with the settlement.

Following the ruling of the settlement, Joice Carthy, of Augustus

Cullen Law Solicitors, said it was worth noting the case was settled during settlement talks, facilitated by the HSE which took place well in advance of the trial date.

“This avoided the need for Arron’s family to have to go through a full trial with the stress and worry that invariably entails,” she added.