A 16-year-old youth who suffered brain damage at birth is to receive €3 million in settlement of his High Court action for damages.
Mr Justice John Quirke yesterday approved the settlement for Seán Davoren who, through his mother Anne Davoren, had sued the Mid-Western Health Board alleging negligence in the circumstances of his birth at the Regional Maternity Hospital in Limerick on December 12th, 1990.
Seán, the court was told, suffers from cerebral palsy and is severely, mentally and physically handicapped with little or no vision or hearing and no speech. He will remain dependent on others, it was stated. Mr Justice Quirke praised Seán's parents, saying they had been "heroic" in the last 16 years in the care they had given their son.
"It is really remarkable and heroic what has been done for him by his parents. It shames most of us," the judge said.
In a statement afterwards, Ms Davoren, Aiden Park, Shannon, Co Clare, said she was happy and relieved that the family's "lengthy battle for justice" had achieved such "a satisfactory conclusion".
She said the health board had admitted liability and the decision to take the action was entirely vindicated, taking particular account of the worry and risks associated with such claims.
In the case it was claimed that, owing to the negligence in the management, care and control of Ms Davoren's labour and Séan's subsequent delivery, that he had experienced severe intrapartum asphyxiation with consequence hypoxic injury as a result of which he suffered irreversible personal injuries.
It was claimed the hospital was negligent in that it failed to deliver the baby when it knew or ought to have known that he was in distress and caused him to be delivered by forceps when it knew or ought to have known that he was displaying severe foetal distress.
Denis McCullough SC, for Seán, said he could not sit up by himself nor could he reach for objects. He said he had limited communication but could smile at family members and people he knew. He made certain sounds but did not speak any identifiable words, Mr McCullough added.