A PERMANENTLY brain-damaged boy is to receive €4.5 million, plus costs, in settlement of his marathon legal action against the National Maternity Hospital, Holles Street, Dublin, alleging negligence in the management of his birth. The hospital now faces legal costs estimated at €4 million.
The settlement in the case of Paul Fitzpatrick (6) was made without admission of liability by the hospital which had denied negligence. However, because the High Court had last March found the hospital was liable for Paul’s injuries, a decision which it has appealed to the Supreme Court, the Supreme Court will be asked by the sides next week to set aside the High Court finding on consent.
The case, which had been before the courts for 59 days, was brought by Paul, suing through his mother Michelle Fitzpatrick, St Catherine’s Close, Carman Hall, Dublin, against the hospital, for injuries allegedly sustained in the management of his birth on December 26th, 2001.
The case was the longest-running birth injury case here and Mr Justice Daniel Herbert had found the hospital was liable for the injuries sustained. In his 109-page judgment, he found Paul would not be severely mentally and physically disabled except for the “substandard and negligent” management of his birth.
He found Paul should have been delivered half an hour earlier and, if that had occurred, he would not have sustained irreversible brain injury leaving him totally dependent for the rest of his life.
The case was due before Mr Justice Herbert again yesterday for assessment of damages to be paid in the event of the hospital losing its appeal. The assessment hearing was expected to last several weeks as there were issues between the sides on several matters, including Paul’s life expectancy.
However, after discussions between the parties, Mr Justice John Quirke was told by Paul’s legal team of Aongus Ó Brolchain SC, Bruce Antoniotti SC and Paul O’Neill that the matter had been settled for €4.5 million, plus costs, without an admission of liability.
Although there was a finding of liability against the hospital and the parties differed on the amount of damages that should be paid, with his side assessing them at €6.9 million and the hospital offering €2.5 million, his clients were satisfied to accept the settlement, Mr Ó Brolchain said.
Counsel said it could be a further 2½ years before the Supreme Court would determine the appeal and while his side were confident the hospital would not win the appeal, it was possible the case could be referred back to the High Court for a re-hearing.
The Fitzpatricks were living in a flat and wanted to move from there and buy a house, which would be specially fitted out to cater for Paul’s needs. They also wanted to buy the aids, appliances and therapies that Paul will require for the rest of his life.
Michelle Fitzpatrick told Mr Justice Quirke that, while there would be no admission of liability, she and her family “would like to move on”. Mr Justice Quirke said he would approve the settlement, which he noted allows the hospital’s Supreme Court appeal to stand, even though that “might not reflect the real position”, because he was informed it was in Paul’s best interest. The judge paid tribute to the care provided to Paul by his mother and family.
Ms Fitzpatrick said outside court that while the settlement was made without admitting liability, the fact the hospital had settled for €4.5 million “speaks for itself”. The Fitzpatricks had claimed that the hospital was negligent because it failed to act upon the deterioration of the boy’s foetal heart trace at 6.30am on the day of the delivery and failed to stop the use of the delivery accelerant drug oxytocin. They also claimed failure to carry out a second foetal blood sample to check the condition of the baby and a failure to perform a Caesarean section.