Disabled child to get #3.75m in damages

The High Court yesterday approved a settlement of €3.75 million in damages, plus legal costs, for a permanently mentally and physically disabled three-year-old child, arising from the circumstances of his birth at the Coombe Lying-In Hospital in Dublin. The hospital admitted negligence.

Mr Denis McCullough SC, for Daragh Delargy, said that due to the admitted negligence of the defendants, Daragh had suffered hypoxia - deprivation of oxygen in the birth process - and was born in very poor condition.

The child is profoundly handicapped, effectively blind, doubly incontinent and will never be able to walk or communicate, counsel said. He has no useful intellectual function and will require 24-hour care for the rest of his life. Experts differed on life expectancy, suggesting figures from 18 to 45 years.

There is some consolation for Daragh's parents in that he can laugh or smile in response to touch. Doctors had praised the level of care given by the Delargys to their son, Mr McCullough said.

Through his mother Sinead, with an address at Rathfarnham Road, Dublin, Daragh sued the guardians and directors of the Coombe hospital for damages for negligence in the circumstances of his birth on July 5th, 1999.

Ms Delargy, a solicitor, accompanied by her husband Donal, a barrister, were in court yesterday.

It was claimed that, due to negligence, Daragh suffered severe hypoxia during the birth and this caused his severe injuries. He was born in poor condition and required resuscitation. He was later diagnosed as suffering from a profound handicap characterised by spastic quadriplegia and microcephaly.

He has developed epilepsy, has back-arching, is non-mobile and has cortical blindness.

The defendants initially denied the claims but liability was admitted on Tuesday. There were day-long talks yesterday between the sides during which a settlement was reached. Mr McCullough said his side had been seeking €4 million but the offer was €3.75 million and costs.

Given disagreements between experts on life expectancy and other matters, his side were recommending approval of the figure offered.

Approving the settlement, Mr Justice O'Higgins said it had obviously been a very difficult case and he could only imagine how appalling an experience Daragh's parents had endured in the past few years and the strain placed on them.

He directed a payment of €127,000 out of the overall settlement to meet various costs, including a sum of €67,000 to meet costs paid by the parents.