Seven-year-old boy settles case over post-birth care for €550,000 payment

A seven-year-old boy who suffers from seizures and who sued over his care after his birth at the National Maternity Hospital, Dublin, has settled a High Court action and will receive a €550,000 interim payout.

The boy’s mother told the High Court he suffers severe seizures that can be life-threatening and he has been hospitalised in the past as a result.

The court made orders preventing the boy from being identified.

Intensive care

It was claimed that following the birth of the baby at Holles Street hospital in 2015, he became profoundly hypoglycaemic (low blood sugar) and this went untreated for several hours. Consequently, it was claimed, the baby developed hypoglycaemic seizures and was admitted to the intensive care unit in very poor condition. It took several days for the paediatric staff to stabilise his condition and he had to spend four weeks in intensive care, it was alleged.

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There was also an alleged failure to carry out a blood-sugar test in a proper and timely manner and an alleged failure to note that the baby’s symptoms were consistent with hypoglycaemia. It was further claimed that if the baby had the blood sugar test earlier than he did, it would have led to earlier intervention in his hypoglycaemic deterioration with a clinical course that might not have been so severe.

His senior counsel, Declan Doyle, said the parents wanted to deal with the matter in “a collaborative and non-contentious way” with the co-operation of the defendant.

Proceedings were issued this year to facilitate the settlement, which includes an interim payment for the next six years. The settlement was reached after mediation, he said.

The case will next come back before the court in 2029 when the boy’s future care needs will be assessed.

Partial admission

Counsel said the defendant’s position was set out in a letter of July 2022

He said a breach of duty was admitted and there was a partial admission in relation to causation.

Counsel said the defendant had contended some of the seizures may be linked to an unspecified genetic connection which counsel said " was rubbished “by their own experts. Counsel also said that position had caused great anger to the parents.

The boy’s seizures need to be managed, he said.

The boy’s mother told the judge “it should never have happened to our child” and she said she did not know what her son’s future will be. She said they had gone down every avenue to help their child.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable.