We achieved an interim settlement of €950,000 in a birth injury case involving a young boy with neurosensory and neurobehavioral difficulties.
The Plaintiff’s mother experienced a prolonged labour. After a number of hours, the CTG trace became grossly pathological. Active pushing then commenced and an alleged forceps delivery was attempted, which was unsuccessful. Following this, the Plaintiff’s mother was transferred to theatre, where a kiwi cap was applied to the infant’s head. After 6 -7 pulls of the kiwi cap and aided by an episiotomy, the infant was finally delivered.
The infant was born in an extremely poor condition with very low Apgar scores and his cord blood gases were consistent with birth asphyxia. The infant had seizures, which required anticonvulsant medication. He was diagnosed with hypoxic ischaemic encephalopathy (HIE) and he thankfully received neonatal therapeutic hypothermia treatment (cooling treatment).
We engaged an expert obstetrician who concluded that the Defendant, among other issues: i) failed to respond appropriately to the pathological CTG trace, ii) failed to deliver the infant by caesarean section within 30 minutes from the time of the trace and iii) persisted unreasonably in delivery of the Plaintiff through the use of a kiwi cap, in circumstances where 3 pulls of the cap did not result in delivery.
The Plaintiff experienced physical delays and difficulties in his early years. He continues to suffer from persistent neurosensory and neurobehavioral difficulties, including difficulties with sensory overload, social difficulties, anxiety and hyperactivity.
Further to our intensive review of a relatively new body of medical research and together with a number of expert doctors, we were able to link the Plaintiff’s persisting neurosensory and neurobehavioral difficulties to the HIE injury that he suffered from at birth.
This case was highly fought by the Defendant, however, liability was admitted at mediation, much to the relief of the Plaintiff’s parents.
The Plaintiff was still very young and it was difficult to formulate what his future needs might be. Therefore, it was agreed to accept an interim payment of €1,000,000 and to have the full assessment of damages case heard in 10 years from the date of mediation.
We are honoured to act for this young boy in this novel case.