Cerebral palsy girl awarded €4.25m for alleged negligence at her birth

A GIRL WITH cerebral palsy has secured €4

A GIRL WITH cerebral palsy has secured €4.25 million in settlement of her High Court action alleging negligence in the circumstances of her birth at a Dublin hospital.

The action was brought by Grace Stynes (7), suing through her mother Sabrina, Curragh View, Brownstown, Co Kildare, against the Coombe Women’s Hospital in Dublin and the HSE.

The settlement, without any admission of liability, was approved by Mr Justice Michael Hanna. In the midst of everything, he said it was a blessing Grace’s mind was fine.

Earlier, seeking approval of the settlement, Dr John O’Mahony SC, for the child, said her injuries had resulted as a consequence of the mismanagement of her birth during her mother’s labour on February 10th, 2001.

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The injuries resulted from an unfortunate series of errors after she was deprived of oxygen at a critical stage, Dr O’Mahony said. She had suffered brain damage and was gravely physically impaired as a result.

He said Grace’s mother had been wrongly given Syntocinon to augment contractions during her labour and this had caused foetal distress. Grace had been born by emergency Caesarean section and required resuscitation on delivery, he added.

He said there would probably be a diminution of up to 25 per cent of Grace’s life expectancy because of what happened to her.

The court was told Grace was in a wheelchair and would require speech and language therapy along with occupational therapy and physiotherapy. Dr O’Mahony added that she had movement of her arms but could not control this and also had an element of spasticity.

Mr Justice Hanna said he was happy to approve the settlement.

It was alleged in the child’s statement of claim that the the hospital failed to maintain a continuous monitoring of her mother during her labour; failed to respond to a request from Grace’s father Michael for a Caesarean section at an early time so as to avoid the eventual traumatic delivery; and caused severe injury to Grace’s head during forceps delivery.

Outside court, solicitor Ann Nolan read a statement on behalf of the Stynes family in which they said they were glad the case had reached a conclusion and were satisfied that Grace would be provided for into the future.

The statement described Grace as a “source of tremendous joy and pride for the Stynes family”.