A six-year-old boy who is brain damaged and blind has secured a €1.35 million interim payment under a settlement of his High Court action over the circumstances of his birth at Cork University Maternity Hospital.
Mark Kearney-Clifford from Bantry, Co Cork, cannot speak, suffers seizures every day and requires 24-hour care, the court heard.
Approving the €1.35 million payment for the next three years, Mr Justice Kevin Cross praised the boy’s parents for their care for him. He congratulated the Kearney and Clifford families for the love and care they had given Mark and said they were a credit to society.
This case showed this country was still a place where there was family and community support, he said.
Mark Kearney-Clifford, Arcnacloughy, Ballylickey, Bantry, had, through his mother Grace Kearney, sued the Health Service Executive over the circumstances of his birth at the hospital on March 13th, 2010.
Caesarean section
It was claimed there was failure to perform a Caesarean section in sufficient time or at all to prevent the baby from suffering from hypoxic ischaemic encephalopathy and failure to ensure the baby received an adequate, proper and prompt delivery.
It was also alleged there was failure to cause the CTG scan or other prenatal monotoring results to be properly interpreted or otherwise reviewed by an experienced consultant in time or at all.
The claims were denied.
Senior counsel Dr John O’Mahony, for the family, said Mark was a beautiful child who had the devotion of his parents Grace and Darren and all the extended family on the Kearney and Clifford sides, who help in his care.
Counsel said his family, with the help of the Jack and Jill Foundation, have taken care of him for the last six years along with limited help from the HSE.
Ms Kearney told the court she was grateful for the advice from her legal team and the family felt relieved the legal proceedings were now over.
Approving the settlement, Mr Justice Cross said it was a very good one and would be beneficial for Mark.
