Undisclosed damages for brain injury at birth

A High Court judge has described a severely disabled woman with cerebral palsy who is now pursuing a law degree as "the most remarkable, extraordinary young lady" he has ever met.

Mr Justice John Quirke made the remark about Mary Nugent (26) after being told of the settlement of her action for damages alleging negligence in the circumstances of her birth at a Kilkenny hospital.

Under yesterday's settlement, made without admission of liability, Ms Nugent is to receive an undisclosed sum in damages, believed to be substantial. The settlement also includes an order that a representative of the Order of St John Of God, owner of the Aut Even Hospital where Ms Nugent was born on July 29th, 1980, pay Ms Nugent's legal costs and also the costs of the other defendants in the action.

The proceedings were brought against the hospital and several other defendants, including a retired consultant obstetrician, Dr Anthony Richardson. Under the settlement, the case against Dr Richardson was dismissed. The claims were denied by all the defendants.

After hearing Ms Nugent's evidence, which included evidence of the very considerable difficulties she experienced in trying to pursue her Leaving Certificate and law studies, Mr Justice Quirke said he regarded her as "the most remarkable, extraordinary young lady I have ever had the privilege of hearing on her own account".

While that had "nothing to do with the issues in the case", he had been "taken quite aback by her courage and remarkable achievements".

He added: "I think she may well feel fortunate that she has had such wonderful, dedicated parents, but I have a feeling that they may also feel that they are fortunate in having such a remarkable daughter. I am sure everyone in the court would wish her well in her life and in her career. I don't think she needs any of our help."

The court was told at the opening of her action that Ms Nugent, Norwood, Waterford, sustained such serious injuries at birth that she was initially considered unfit for adoption but was ultimately adopted by Moira and Hugh Nugent, her foster parents, and, by her own "gritty determination", completed her Leaving Cert and is studying law.

Ms Nugent had alleged that failure to properly monitor the foetal heart rate or observe and act on foetal distress by means of an early Caesarean section, allegedly resulted in her sustaining hypoxic brain damage which gave rise to cerebral palsy.

Her counsel, Liam Reidy SC, said she was placed in an orphanage after birth and was considered unfit for adoption. She met her birth mother for the first time in 1998 and it was then she became aware of the difficulties of her birth.