A High Court action for damages by a nine-year-old girl with cerebral palsy for negligence during her birth at a Cork hospital has been settled.
Kayleigh Twomey, of Bridesmount House, Old White Church Road, Cork, had, through her mother Margaret, sued the Health Service Executive (HSE) arising out of the circumstances of her birth at Erinville maternity hospital, Cork, in November 1998.
It was claimed that, due to alleged negligence and breach of duty of the HSE in the care of Kayleigh, she suffered severe personal injuries which resulted in severe cerebral palsy.
Liability was admitted by the HSE, and the case was before the High Court for assessment only.
Yesterday, Mr Justice Vivian Lavan was told the matter had been settled. The terms of the settlement were not disclosed.
The court heard that, while in the womb, the umbilical cord was wrapped around Kayleigh's neck three times. It was claimed that this should have been noted by medical staff at the time of birth.
It was also claimed staff had failed to summon an obstetrician to examine Mrs Twomey. During the birth Kayleigh suffered a period of prolonged asphyxia which caused her to suffer moderate to severe quadriplegia.
Kayleigh, the youngest of five, is wheelchair-bound and cannot sit unsupported. She will require constant care for the rest of her life, the court heard.
While she is an intelligent girl, she cannot talk, has feeding difficulties and trouble sleeping at night. The court was told that throughout her life she will need an assistant to help her, and will require appropriate aids and adaptations in her education and her daily living.
The court also heard that, thanks to the efforts of her family and carers, Kayleigh has made great progress. She attends a primary school in Cork.
Despite her disability she has done well academically, and interacts well with other children, who have come to regard her as their "special friend".