A boy with cerebral palsy who sued the HSE over injuries sustained at his birth at Waterford Regional Hospital has settled his action on terms including an interim payout of some €2 million to cover his care for the next five years.
If Kevin Dunphy-English had been born an hour earlier, he would have been saved injury, Dr John O’Mahony SC, for the child, said.
Kevin, now aged four, of Carrick Road, Mooncoin, Co Kilkenny had, through his mother Jane Dunphy, sued the HSE as a result of injuries allegedly sustained at the time of his birth at Waterford Regional Hospital.
It was claimed he suffered significant brain damage during his delivery at Waterford Regional Hospital on July 9th, 2010.
It was claimed his mother was admitted to the hospital on the evening of July 8th, 2010, and labour progressed slowly. After 2.30am on July 9th, decelerations on the CTG trace changed, it was alleged.
A foetal blood sample had been taken at 1.40am but that was not repeated despite the deterioration in the CTG trace, it was alleged. Had the foetal blood sample been repeated,the result would have prompted a decision to intervene earlier in terms of delivery, it was alleged.
Dr O’Mahony told the court liability was conceded in the case and it was before the court for assessment of damages only.
In 2013, the HSE had accepted it was in breach of duty to Kevin in the management of his birth by failing to effect a timely delivery, counsel outlined. A separate case involving Kevin’s parents, Jane Dunphy and Seamus English, over nervous shock had also been settled and could be struck out, the court was told.
Dr O’Mahony said Kevin was “seriously neuroglogically compromised” from the outset and was in intensive care for the first 24 days of his life. He can only walk a small distance and will need a wheelchair in the future, counsel said.
Mr Justice Kevin Cross, who met the child and his parents in his chambers, said he is a “lovely little lad” who has made considerable progress because of the significant efforts put in by his mother and father.
It had made a great impression on him to see the loving care of parents such as this, he added.