Girl secures €2.45 million in High Court action

A seven year-old girl with cerebral palsy has secured €2.45 million in settlement of her High Court action alleging negligence in the circumstances of her birth at a Dublin hospital.

The action was brought by Grace Stynes, suing through her mother Sebrina, of Curragh View, Brownstown, Co Kildare, against the Coombe Womens Hospital in Dublin and the HSE.

The settlement, without any admission of liability, was approved by Mr Justice Michael Hanna. In the midst of everything, it was a blessing Grace’s mind was fine, the judge said.

Earlier, seeking approval of the settlement, Dr John O’Mahony SC, for the child, said her injuries had resulted as a consequence of the mismanagement of her birth during her mother’s labour on February 10th 2001.

The injuries resulted from an unfortunate series of errors after she was deprived of oxygen at a critical stage, counsel said. She had suffered brain damage and was gravely physically impaired as a result.

Counsel said Grace’s mother hadd been wrongly given Syntocinon to augment contractions during her labour and this had caused foetal distress.

Grace had been born by emergency caesarean section and required resuscitation on delivery, he added.

He said there would probably be a diminution of up to 25 per cent of Grace’s ife expectancy because of what happened to her. The court was told Grace is in a wheelchair and will require speech and languagage therapy along with occupational therapy and physical therapy. She has movement of her arms but cannot control this and also has an element of spasticity.

Mr Justice Hanna told Dr O’Mahony he was happy to approve the settlement.

It was alleged in the child’s statement of claim that the the hospital failed to maintain a continuous monitoring of her mother during her labour; failed to respond to a request from Grace’s father Michael for a caesarean section at an early time so as to avoid the eventual traumatic delivery; and caused severe injury to Grace’s head during forceps delivery.

Outside court, solicitor Ann Nolan read a statement on behalf of the Stynes family in which they said they were glad the case had reached a conclusion and were satisfied that Grace would be provided for into the future.

The statement described Grace as a “source of tremendous joy and pride for the Stynes family”.