A young boy who is alleged to have cerebral palsy and mental handicap as the result of the circumstances of his birth in Wexford General Hospital is, with his parents, to be paid £1.125 million under a settlement approved by the High Court yesterday. Gerard Doyle's action for damages against the South Eastern Health Board and a doctor opened on Tuesday. Yesterday morning Mr Justice Smyth approved a settlement in the action but the proceedings are to continue in order to determine liability.
It is claimed that Gerard, now aged five, suffered severe injury rendering him permanently disabled in the course of his delivery at Wexford General Hospital on November 15th, 1992. Gerard, suing through his mother, Mrs Vera Doyle, Clongeen, Foulksmills, Co Wexford, has brought proceedings against the South Eastern Health Board and Dr Nasim Osmani Subhi, who was employed at the time of Gerard's birth as obstetric registrar at the hospital.
Opening the hearing, Mr Liam Reidy SC, for the Doyles, claimed that Gerard suffered from cerebral palsy, severe spastic quadriplegia, was mentally retarded and had virtually no consciousness as a result of negligence by the defendants. The defendants deny the claim.
Mr Reidy claimed Gerard sustained the injuries while Mrs Doyle was in labour on November 15th, 1992. He claimed Gerard was asphyxiated in the course of the labour and that the defendants allowed his care, at the time of his birth, to fall below an acceptable and reasonable standard for current obstetric practice.
Counsel said Mrs Doyle was just 4 ft 11 in tall and claimed the defendants should have been aware she could have difficulties giving birth naturally.
In court yesterday, Mr Reidy, with Mr John Whelan and instructed by solicitor Mr John G. Flynn, said he was recommending the terms of a £1.125 million settlement for Gerard.
Of that amount, £1 million is to go to Gerard to be expended mainly on the costs of his future care. There is provision for the adaptation of a house extension for his needs. Gerard's parents are to receive £125,000 in respect of their separate proceedings.
Of the overall figure for Gerard, some £845,000 is to be paid into the Wards of Court Office to his benefit and applications can be made to the court in respect of future payments. A sum of £70,000 is to be paid to the child's parents in respect of services provided to Gerard to date.
Approving the settlement, Mr Justice Smyth said that Gerard was born in November 1992 and through no fault of his own was grossly disabled and found himself in the position that he was severely handicapped, both physically and mentally. He would require assistance for the rest of his life. Gerard had respiratory problems and could lie safely only on his side.
Mr and Mrs Doyle were in court for yesterday's hearing. The court has heard Gerard is looked after by his mother, to whom he has hardly responded in any way. The child had hardly slept in the first 18 months of his life and has to be monitored on a 24-hour basis.
When Gerard was born, his parents lived in a mobile home, the court heard. Mr Doyle, with friends, had then set about building a home and the Doyles had moved into a house in 1996. This would need alterations to meet Gerard's needs.
The court was told it takes Mrs Doyle two and a half hours to feed the child. She has to do physiotherapy on his lungs beforehand. Gerard was also incontinent.
Mr Reidy said the Doyles have had virtually no social life since Gerard's birth. The situation could not go on as it was, he said. Mrs Doyle was neither physically nor mentally able for it and needed daily help with Gerard who had a life expectancy of at least 56 years.
The hearing in relation to liability continues today.