A five-year-old Dublin girl, who sustained "catastrophic" injuries and is brain damaged as a result of alleged negligence in the circumstances of her birth at the Coombe Women's Hospital, is to receive €3.675 million in settlement of her High Court action.
The settlement, without admission of liability, was approved yesterday by Mr Justice de Valera in favour of Amy Flynn and against Prof Charles Murray, an obstetrician, and the Coombe Women's Hospital.
The child, suing through her mother, Ms Anne Marie Flynn (36), Mourne Road, Drimnagh, was born in the Coombe Hospital on August 13th, 1999.
It was claimed that, because of the negligence of the defendants, the baby developed catastrophic personal injuries including cerebral palsy.
According to Amy's medical experts, she will probably never feed orally, laugh, smile, hear, walk, never sit up properly or recognise her environment.
She is quadriplegic and suffers from epilepsy. She has endured great pain and was close to dying a couple of times in her first year, the judge heard.
Amy also has up to 10 doses of medication a day and a special drink formula, which is her main source of food. She must be sedated at night and sleeps in a special sleep-system.
In outlining the plaintiffs' case, Mr Liam Reidy SC, for Amy, told Mr Justice de Valera that Ms Flynn was put on a drip on a constant basis from the beginning of her labour through to the second stage.
On no less than five occasions the drip was increased in dosage, despite the fact that Ms Flynn was fully dilated and in effect experiencing a full labour.
Where there was evidence of foetal distress one must stop inducing labour, Mr Reidy said. If that was not done, the uterus could become over-stimulated and perforated, with consequent lack of oxygen resulting in brain damage.
Mr Reidy said there had been unparalleled commitment by Amy's parents which had brought the child from being in a perilous situation to a happy situation with a life expectancy of 43 years.
Approving the settlement, the judge said he had great admiration for the manner in which Amy's parents had borne their burden.
Following the settlement, Ms Flynn and her husband, Brian (36), issued a statement in which they said that Amy's strength, determination and bravery over the past five years had amazed them and had been an inspiration to everyone who knew her.
While the settlement would allow them plan for the future with peace of mind, they said they felt there could be no compensation for what their daughter had lost.
"Every tear she has shed, every pain she has suffered, every medical procedure she has had to endure cannot be wiped away and forgotten. There will be more pain and tears for Amy and for us as we witness what no parent should," the couple said.