The High Court has approved a settlement of €4.14 million for a 10-year-old girl who has cerebral palsy and other health complications.
Cheryl Doherty had sued the North Western Health Board alleging negligence in the circumstances of her birth at Letterkenny General Hospital on June 3rd, 1993. The action was brought by the child through her mother, Mrs Sarah Doherty, of Seacrest, Roxtown, Clonmany, near Buncrana, Co Donegal.
The board had denied the claim. The action had been at hearing for two weeks before Mr Justice Peart, but the settlement terms were agreed yesterday, subject to court approval, in talks between lawyers for the sides.
After Mr Garrett Cooney SC, for the girl, outlined the details of the offer, the judge said he was satisfied the amount was sufficient, "taking everything into the round", although obviously it was not the full value of the case.
While it was a considerable reduction on the amount sought, he was satisfied the girl, perhaps, might not have recovered everything claimed if the case had gone ahead, the judge added.
Some €4 million of the settlement figure will be lodged in court and invested for the benefit of the girl, who will be made a ward of court later. A substantial proportion of the total will go towards the girl's future care and alterations to the family home to cater for her needs.
The judge agreed to allow €145,000 to be paid to Cheryl's parents in recompense for care and other costs incurred to date.
In evidence, Ms Doherty (42), said she and her husband, James were satisfied with the offer, which they had discussed with their lawyers.
The court had heard Ms Doherty was admitted to the hospital early on June 13th, 1993, and Cheryl was born by Caesarian section at 5. 18 p.m.
When opening the case, Mr Cooney said that had the Caesarian been carried out earlier, most of the damage caused to the child. would not have occurred.