A brain-damaged boy born at Our Lady of Lourdes Hospital, Drogheda, is to be paid €3.75 million and costs under a High Court settlement.
The North Eastern Health Board conceded liability in the case and today's hearings was an assessment of damages only. When approving the settlement, Mr Justice Vivian Lavan was told that if the case had continued, it could have gone until next October.
The action was taken by Kurtis Quilty, now aged nine of Beechwood Drive, Drogheda, who was born at the hospital on January 12th, 1996. At the opening of the hearing, it was stated that shortly after the baby's delivery just after midnight, his then 20-year-old mother "fell into the hands" of obstetrician Dr Michael Neary who treated her and later removed her womb.
In May 2004, Ms Quilty, who was born in Holyhead, Wales, in November 1975 and came to Ireland when she was 19, settled her own action against Dr Neary and the NEHB for €425,000. Under that settlement, which was without admission of liability, it was stated that she was to receive €325,000 from Dr Neary and €100,000 from the NEHB.
At last year's hearing, it was also stated that Ms Quilty had become very psychologically disturbed as a result of her experiences during and after the birth of Kurtis and for a time had lived with the Simon Community on the streets of Cork. She had since recovered and was living in Drogheda.
Mr Denis McCullough SC, for Kurtis, said that in the present case, liability had been conceded by the health board. The claim was as a result of the admitted negligence in the management of Kurtis' mother in labour and on delivery. He added that Kurtis was "effectively dead" on delivery but there were indications that his heart had been beating up to a late stage of labour.
In fact, he was resuscitated but suffered brain damage. He was later diagnosed as suffering from cerebral palsy. He would never be able to lead an independent life and would be dependant on others.
The judge was told that it was hoped that Kurtis would be able to spend more and more time with his mother. He was at present spending much of his time in an institution. The situation would be monitored by social workers.