Background to the case

In 2017, Coleman Legal LLP secured a substantial settlement in a case brought by a young boy against the HSE. The firm was instructed by the infant’s mother to take an action against the hospital concerned and the HSE for the catastrophic birth injuries sustained by her son during the birthing process, which left the infant with cerebral palsy.

Events during delivery

On the day the infant was delivered, the hospital recorded a prolonged foetal bradycardia, and an emergency caesarean section was performed. The intra-operative findings were that a uterine rupture had occurred, and part of the body of the infant was lying outside the uterine cavity. This led to the infant being effectively stillborn, apnoeic, cyanotic and with no heart rate. The infant sustained a very serious hypoxic-ischemic injury.

Medical negligence findings

Medical evidence established that the delivery should have been carried out at an earlier time and that the hospital staff were negligent in the care they provided for the mother and the infant.

Settlement outcome

Coleman Legal LLP negotiated an out-of-court settlement with the HSE through a €2.56 million interim payment order. Damages were also paid over to the infant’s parents for their financial losses and for the suffering they endured. The interim award will be revisited in 5 years, at which time another substantial sum will be paid to the infant Plaintiff to provide for his care for the rest of his life.