The High Court has approved an agreed settlement of £1.5 million and costs on behalf of an eight-year-old Waterford boy who, allegedly as a result of injuries sustained at his birth, now has severe spastic quadriplegia and suffers from cerebral palsy.
James Sutton, who was born in Airmount Maternity Hospital, Waterford, on June 11th, 1992, was said to be blind, unable to move a limb and was unlikely to survive to 30 years.
Through his mother, Ms Vivienne Sutton of Pine Court, Tycor, Waterford, he had sued the Medical Missionaries of Mary, the South Eastern Health Board and a consultant obstetrician, Dr John T. Gallagher. However, after talks between the sides yesterday, a settlement was announced and the action against the health board and obstetrician was struck out with no order.
Ruling in favour of the settlement, which is against the Medical Missionaries, Mr Justice Johnson awarded special damages of £130,000 which included a sum to adapt the Sutton home to accommodate James.