A 19-year-old man with cerebral palsy who sued over the circumstances of his birth at the Rotunda Hospital in Dublin has settled his High Court action for €6.5 million.
The settlement for Ross McNally was achieved after a mediation.
Siun Leonowicz BL, instructed by solicitor Tim O’Hanrahan, for the plaintiff, told the court this week Ross suffered a hypoxic ischaemic injury at the time of his birth.
As part of the settlement, several thousand euro have been allocated so Mr McNally can avail of assisted technology. The court also heard that €500,000 of the sum was for past care.
Mr Justice Kevin Cross approved the settlement and congratulated the sides on reaching it.
Mr McNally, Sherrard Court, Dublin, through his mother Samantha McNally, sued the Rotunda Hospital over the circumstances of his birth at the hospital on March 8th, 2001.
Ms McNally was admitted to the hospital on March 7th, 2001 following the onset of labour. CTG tracing (a process which includes foetal heart monitoring) was started but, over the course of the morning of March 8th, it was claimed the appearance of the foetal heart rate pattern on the CTG was deteriorating.
It was claimed, despite the worsening appearance of foetal heart rate on the CTG tracing, administration of syntocinon was begun at 5.30am and steadily increased.
It was further claimed, despite the pathological appearance of the CTG and a clear indication to deliver the baby at 8.15am, the labour was allowed to progress.
At 9.20am, a decision was made to deliver the baby and he was born at 9.50am after an emergency caesarean section but was in a cyanosed condition. It was claimed, resulting from the treatment proffered to the mother and baby on March 7th and March 8th and delay in performing the caesarean, the baby suffered hypoxia.
It was claimed there was failure to manage or appropriately manage the second stage of labour and the baby’s delivery was delayed by 65 minutes.
Liability was conceded in the case before mediation.
In an affidavit, Ms McNally said she was satisfied with the settlement and was anxious to put structures in place to adequately support her son’s needs.