A young girl who has cerebral palsy and is severely disabled is to receive €3.75 million and costs under a settlement of her High Court action alleging negligence at the time of her birth.
Nicole Hassett, who is now aged seven years and seven months, suing by her mother Orla Hassett, of Cashel Road, Clonmel, Co Tipperary, brought the action against the South Eastern Health Board.
Nicole was born on November 15th, 1997 at St Joseph's County Medical and Maternity Hospital, Clonmel, for which the board is responsible.
The board denied negligence in the circumstances of the child's birth.
The settlement terms were approved yesterday by Mr Justice Richard Johnson on the application of Denis McCullough SC, with Bruce Antoniotti SC, for Nicole.
Earlier, the judge had declined to approve an offer of €3.25 million and the higher figure of €3.75 million was put forward following further discussions between lawyers for the sides.
Much of the settlement figure will go towards the cost of care for Nicole and towards the costs of appropriate accommodation for her. An application will be made to the court later to have her made a ward of court.
It was claimed that Nicole's mother was admitted to St Joseph's on November 13th, 1997. Nicole was born at 1am on November 15th and shortly afterwards was transferred to Waterford Regional Hospital.
On November 19th she was taken to Our Lady's Hospital for Sick Children, Crumlin, Dublin, where she was treated until November 26th, when she was returned to Waterford Regional Hospital. She later attended a care centre.
She is severely disabled and is completely dependent on others for all her daily activities.
