A 10-year-old girl who sued over the circumstances of her birth has settled her High Court action with an interim payment of €733,000 to cover the next eight years.
The settlement which was reached after mediation reflects that the Health Service Executive (HSE) is only 40 per cent liable in the case, Mr Justice Paul Coffey was told.
The girl’s senior counsel, Jeremy Maher, instructed by Paul Kelly solicitor, told the court that Aliyah Bowden has autism and ADHD and it was their case that these conditions were allegedly attributable to care that amounted to an alleged breach of duty at Midland Regional Hospital Portlaoise.
All of these claims were denied, but the court heard the HSE conceded there should not have been six pulls by metal vacuum during the baby’s delivery in 2013.
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However, the HSE did not accept there was any alleged harm caused to the baby as a result.
If the case went to hearing, it would have taken more than 12 weeks with a total of 16 experts due to give evidence. Counsel pointed out that an expert witness on their side would have contended there is no genetic explanation for Aliyah’s condition.
Aliyah Bowden McDonald, of Ballickmoyler, Co Laois, had through her mother Katie Bowden sued the HSE.
Ms Bowden was admitted to Midland Regional Hospital, Portlaoise, on July 19th, 2013, for induction of labour and gave birth the next day.
It was claimed that the management and care provided to the mother and baby during labour, delivery and the neonatal period was not to an acceptable standard
It was claimed Aliyah was delivered in the early hours of July 20th after a prolonged second stage of delivery labour and there were six pulls by metal vacuum.
It was claimed that she should have been delivered by Caesarean section by 11.15pm on July 19th, at the latest, and that there was a traumatic delivery involving an excessive amount of pulls by metal vacuum
It was further claimed there was a failure to identify the CTG, which monitors the baby’s heart, was pathological and a failure to allegedly identify or act upon alleged likely foetal hypoxia.
The baby suffered a degree of hypoxic-ischemic encephalopathy, it was claimed.
It was claimed that had the baby had been delivered by Caesarean section at 11.15pm on July 19th, all her hypoxic ischemia would have been avoided.
All of these claims were denied.
Mr Maher told the court it was a complex case where there was medical and scientific dispute. He said the settlement was the best possible outcome. He said Aliyah’s parents, Katie Bowden and Daragh McDonald, were happy with it. He said they were heroic and had done everything to secure their daughter’s future.
Mr Justice Coffey said the settlement was fair and reasonable. He praised the girl’s solicitor, Paul Kelly, for his endeavours and said such cases pose enormous challenges.
The case will come back before the courts in eight years when Aliyah’s future care needs will be assessed.
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