A five-year-old boy who suffered an acute brain injury at birth in Dublin’s Coombe Hospital has settled a High Court action for €19 million.
Adam Dediu was the lead twin but was delivered after his brother David by caesarean section on December 23rd 2016, the court heard. It was claimed the surgery was delayed due to the unavailability of a theatre.
Mr Justice Paul Coffey was told liability was admitted in the case last year.
Adam’s counsel, Richard Kean SC, with Esther Earley BL, instructed by solicitor Caoimhe Haughey, told the court the boy suffered an acute brain injury and has very significant difficulties including with his speech and limbs.
Approving the settlement, Mr Justice Coffey said it was fair and reasonable and he noted an interim payment of €100,000 had previously been made in the case.
The boy, from Coolock, Dublin had through his father sued the Coombe Women and Infants University Hospital over the circumstances of his birth in 2016.
His mother was admitted to the hospital on December 22nd for a planned induction of labour. Induction of labour was difficult, and she was advised delivery should be by caesarean section.
It was claimed the surgery was delayed due to the unavailability of a theatre and the mother continued to labour. Adam, who was the leading twin, was delivered after his brother on December 23rd. It was claimed Adam’s head was deeply engaged within the pelvis and there was extreme difficulty in extracting it. It was further alleged there was a long delay prior to Adam’s delivery and in attempting to disengage his head.
He was born with hypoxic-ischaemic encephalopathy and a severe head injury and has been left with a permanent and profound multifactorial handicap.
Outside the Four Courts the child’s mother, Loredana Dediu, said her son is not able to play with his twin brother and his life is “not going to be as great as it should be”.
“Adam is a happy guy. I would love for him to walk and speak … he is not going to do anything for most of the time,” she said.
Ms Dediu said she and her husband were glad their legal journey had finished.
“Hopefully we are going to now have all the means for Adam to have a better life.”