medical misadventure

€5million damages for boy after alleged skull fracture at birth

A nine-year-old boy who allegedly suffered a fractured skull during his birth and was left with cerebral palsy has settled his claim against the HSE for €5million at the High Court.

The boy, from the south of the country, sued the HSE through his mother for medical negligence over the circumstances of his birth in February 2009.

The court heard that the boy’s mother was admitted for delivery but that the boy’s head was still not visible after 90 minutes of pushing.

Counsel for the boy told the court that the decision was then taken to perform a forceps delivery. The boy was delivered but required immediate resuscitation. Counsel said that the boy had suffered an alleged skull fracture and brain injury as a result of excessive compressive force being applied on the forceps blades.

It was also claimed that the boy’s father had noticed marks on his forehead soon after the delivery and that the boy had suffered from seizures in the hours after his birth.

Counsel told the court that it was the family’s case that the boy’s head should have been rotated to prevent the alleged damage done by the forceps. It was also claimed that there had been a failure on the part of the hospital to ensure the management of the delivery was of the appropriate standard and that an incorrect forceps had been used for the procedure.

All of the claims were denied by the HSE.

The court heard that despite his cerebral palsy, which affects his movement on the left side of his body, the boy was doing remarkably well and is attending a mainstream school.

The judge approved the settlement offer of €5million, which was offered by the HSE without an admission of liability, and said that the boy was a credit to everybody.

If you have been the victim of alleged medical negligence, be sure to discuss the issue with a member of our legal team  

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*