€4.5m for family of girl brain injured at birth

The High Court has approved a €4

The High Court has approved a €4.5 million settlement arising from the circumstances of the birth at a Co Clare hospital of a girl who is brain-damaged and confined to a wheelchair.

Geraldine Lillis, now aged 19, Kilrush, Co Clare, had sued through her sister Mary the Mid-Western Health Board as a result of the circumstances of her birth at Cahercalla Maternity Hospital, Ennis, Co Clare, on August 14th, 1986.

The court was told that Ms Lillis, who suffers from cerebral palsy, was cared for at home until she was seven. She is permanently mentally and physically handicapped and now lives in residential care.

Denis McCullough SC, for the Lillis family, said Geraldine's mother Noreen, was admitted to hospital in August 1986. Geraldine was delivered by a procedure of vacuum extraction.

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Mr McCullough said the baby should have been delivered by Caesarean section, which would have meant that she would have spent 45 minutes less in distress.

Geraldine was diagnosed as suffering from cerebral palsy at an early age. The court heard she would remain dependent and in need of constant care and medical attention.

Mr McCullough said Geraldine was quite bright and lived in care with the Daughters of Charity, St Vincent de Paul Centre at Lisnagry, Co Limerick.

She goes home at weekends and on holidays, he said.

Mr Justice Richard Johnson said he had no hesitation in approving the settlement terms and ruled a payout of €150,000 immediately to her family to pay for past renovation to their home and care as well as a present for Geraldine.

Outside the court, Geraldine's brother Martin said the family were satisfied with the settlement.

It had been a long battle for justice, he said. Their mother had died four years ago and would be happy that her fight for justice for Geraldine had been vindicated.