A marathon action for damages for alleged negligence in the circumstances of the birth of a seriously mentally and physically disabled five-year-old boy at the National Maternity Hospital in Dublin has concluded at the High Court after 54 days with legal costs estimated at €4 million.
The case of Paul Fitzpatrick against Holles Street hospital, Dublin, is believed to be the longest-running case involving a claim for damages for an injury allegedly sustained at birth.
The hospital has denied negligence and has also pleaded contributory negligence on the part of the child's mother in allegedly delaying his delivery.
The action opened last March and final legal submissions were made yesterday. Mr Justice Daniel Herbert said he hoped to deliver his decision in January.
Proceedings were brought by Paul, suing through his mother, Michelle Gilroy, Carman's Hall, Dublin, over alleged negligence in the circumstances of his birth at Holles Street at 8.03am on December 26th, 2001.
It is claimed that had Paul been delivered some 20 minutes earlier, he would not have sustained the injuries alleged.
The hospital denies the claims and pleads that Ms Gilroy herself was guilty of negligence and had delayed delivery by not consenting to an episiotomy (a surgical incision to enlarge the vagina intended to assist childbirth) and refusing to receive forceps assistance in the delivery of her son.
It also claims Ms Gilroy delayed the progress and/or management of labour by not consenting to the delivery accelerant drug Oxytocin being administered until 4.30am on December 26th in circumstances where it was sought to administer it at 2.45am.
Ms Gilroy has claimed that when she was in labour, she was never told that her son was in distress or that an episiotomy was required to deliver him.
