Girl (5) with cerebral palsy settles action against maternity hospital for €3m

A five-year-old girl with cerebral palsy who sued over the circumstances of her birth at The National Maternity Hospital has settled her legal action for €3 million.

Alex Donnelly Byrne has severe spastic quadriplegia and dyskinetic cerebral palsy. The High Court heard the young girl cannot speak and communicates through eye gaze technology.

Bruce Antoniotti SC instructed by Jamie Hart, for the girl, said the settlement figure had been reached after a “very difficult mediation”.

He said Alex is aware of her surroundings but has impaired vision and also needs to be PEG fed. Counsel said she is severely disabled and will need care and assistance for the rest of her life.

He said her parents have been very careful with Alex during the pandemic to ensure she does not contract infection.

Alex Donnelly Byrne, of Dodder Dale, Rathfarnham, Dublin, had through her mother, Anne Donnelly, sued the National Maternity Hospital, Holles Street over the circumstances of her birth on January 13th, 2016.

Alex’s mother had gone to hospital on the night of January 12th having experienced a lack of foetal movement that day and increased foetal movements on the previous day.

Ms Donnelly was transferred to a delivery suite and it was claimed a CTG recording of the baby’s heartbeat continued to be pathological.

Alex was delivered just before 2 am by caesarean section and required resuscitation.

It was claimed that if the baby had been delivered immediately after the mother’s arrival at the hospital there would have been a higher chance that the long-term neurodevelopment disability would have been significantly less severe.

It was also claimed there was an alleged failure to heed and observe a troubling CTG and an alleged failure to act and heed upon the presenting symptoms which Alex’s mother outlined upon arrival at the hospital.

The claims were denied, but the hospital did admit a breach of duty in respect of a 23-minute delay in the delivery of the baby. It was not admitted that the delay caused or contributed to the injuries alleged.

Approving the settlement, Mr Justice Paul Coffey said it was a very sad and tragic case. The judge conveyed his very best wishes to Alex and her family.