Disabled man loses his negligence action

A man who has cerebral palsy and is wheelchair-bound has lost his High Court action for alleged negligence against the National…

A man who has cerebral palsy and is wheelchair-bound has lost his High Court action for alleged negligence against the National Maternity Hospital and a number of doctors.

The case arose out of the circumstances of the man's birth at the hospital 23 years ago.

The action was brought by Mr Darren Purdy, suing by his mother, Mrs Elizabeth Purdy, Macken Street, Dublin. Mr Purdy was born at the Holles Street hospital on February 28th, 1978.

In his reserved 26-page judgment yesterday, Mr Justice Johnson said that he had no option but to conclude the plaintiff had failed to establish that the condition from which he now suffered was caused by the negligence of the defendants.

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For the plaintiff's thesis a to succeed, it was necessary to accept that the baby was intubated for 10 minutes, which appeared to be against the notes and many entries therein, and that there was a hidden bleed up to the time of delivery. There was no evidence of such a bleed..

Mr Justice Johnson adjourned the case to mid-December.