Woman receives €6 million HSE settlement after birth complications
Mr Justice Kevin cross granted a settlement to Nadine Wilkin from Manorcunningham, Co. Donegal, who is suing through her mother. Mr Justice Cross stated that he hoped the settlement would take care of her needs for the rest of her life. Nadine has dyskinetic cerebral palsy and is in a wheelchair.
The court were told that Ms Wilkin’s birth on 11th June 1996 had been progressing without any concerns. However, it was decided at 9.40am that morning, that a Caesarian section would be performed due to her mother’s condition, but this wasn’t carried out until 11.28am at which time Nadine was delivered.
Counsel for Nadine, Denis McCullough has said that it was their case if Nadine was born before 10.15am, brain damage would not have occurred. However the HSE has disputed this.
It has been argued that she was deprived of oxygen during this time.
These claims have been denied and the settlement was without an admission of liability.
In a statement from Nadine’s parents, which was read out by their family solicitor it was stated that ‘ Nadine is an amazing young woman’ who needs 24 hour care, and it gives them comfort to know she would receive everything she needs beyond their lifetime.
The statement continued: “ Whilst we have put everything we have into her care, we have not been financially able to provide the level of care and therapy that experts say she needed. If Nadine had been receiving this care over the last twenty years, we believe it would have improved her abilities and her quality of life and would also have made things easier on her two younger brothers.”
The family had only commenced legal proceedings when Nadine was in her mid teens and a family friend advised them to look into the matter.