A MOTHER and son, who claimed negligence by the National Maternity Hospital,
Holles Street, Dublin, and a doctor at the birth of the son have settled their case for £1.675 million, the High Court was told yesterday.
Mrs Margaret Naughton (46), and her son, Ian Naughton, now aged 11 years (suing by his father Mr Dermot Naughton), of Rathvilley Drive, Finglas, Co Dublin, had claimed damages against the hospital and Dr Simon McCaffrey, now living in New South Wales, Australia.
During the hearing of the case Mr Justice Budd was told Ian has cerebral palsy and is a spastic quadriplegic.
Yesterday settlement terms of £1.675 million were approved by Mr Justice Carney.
When the case returned to the trial judge, Mr Justice Budd Mr John Rogers SC (instructed by Mr Dudley O'Donnell, solicitor), in the Naughtons, said that his clients were very pleased with the result in respect of Ian's case and of the mother's. The action had been disposed of in its entirety. It resulted in a very satisfactory outcome for the infant.
At the hearing of the action the court was told that the mother claimed her labour had been unnecessarily prolonged and difficult and resulted in a Caesarean section.
She had booked an epidural injection but was not given it and as a result suffered injury to her back. She also claimed she suffered shock and psychological disturbance.
The second action concerned Ian, born on April 6th, 1985, who now suffered from cerebral palsy of the most severe type.
Mrs Naught on went to Holles Street at 12.30 p.m. on April 5th, and it was not discovered until she had a section between 7.45 and 8 a.m. on April 6th that the baby was in a transverse lie position. She should have been "sectioned" forthwith and the baby, brought out. That should have been discovered during her stay in Holles Street, her counsel, claimed
The hospital denied negligence, or a breach of duty, or that it, supervised or managed Ian's delivery or cared or treated the mother and son unskilfully or negligently. It denied Ian's brain was deprived of oxygen or that Mrs Naught on suffered personal injuries.
Dr McCaffrey said he was not responsible for the management, supervision or care of the Naughtons and was, at the material time, a registrar in obstetrics. He denied Ian was deprived of oxygen at the time of his birth and alternatively, if he did suffer brain damage it was not his fault.