Our Lady of Lourdes Hospital in Drogheda has apologised at the High Court to the family of a child with cerebral palsy over what it described as “deficits in care” in relation to her birth.
The apology was read as part of the settlement of three-year-old Milagros Martin’s case against the HSE. The settlement also involves an interim payment of €1.9 million to cover her care needs for the next three years.
The hospital said it apologised “sincerely and unambiguously” to the Martin family and said “all staff regret the outcome of this tragic case”. The child is currently receiving treatment in the US and is severely compromised and disabled, the court heard.
Through her father Ruary Martin, Clonard Court, Balbriggan, Co Dublin, the child sued the HSE, alleging negligence in the circumstances of her birth at Our Lady of Lourdes Hospital on December 11th, 2011.
Caesarean delivery
It was claimed there was a failure to carry out a Caesarean section within an appropriate period. The child should have been delivered by Caesarean around the last week of November without complication and without injury, it was alleged.
It was further claimed that because the child’s mother had a Caesarean section with her first child, there was a particular duty on medical staff in relation to future pregnancies and the mode of delivery.
Des O’Neill SC, for the family, said liability was admitted in the case in 2014. Approving the settlement, Mr Justice Kevin Cross congratulated Ruary and Nancy Martin for their care for their daughter.