An interim payment of compensation for catastrophic birth injuries has been approved in the High Court for a ten-year-old boy who suffers from severe dyskinetic cerebral palsy.
In February, the Coombe Hospital was found liable in a catastrophic birth injury claim brought against it by Dr Fiona Murphy of Malahide, County Dublin, on behalf of her son Eoin.
Eoin had been delivered at the hospital in July 2002 suffering from near total acute hypoxic ischaemia, but was not ventilated until seventeen minutes later because a paediatric registrar was not available at the time. As a consequence of the avoidable delay, Eoin´s brain was starved of oxygen and he now suffers from dyskinetic cerebral palsy.
After finding the Coombe Women’s and Infants’ University Hospital liable for Eoin´s injuries, Ms Justice Mary Irvine adjourned the case in February for the assessment of damages, and yesterday the family were back in court to hear Mr Justice Michael Moriarty approved an interim settlement of compensation for catastrophic birth injuries amounting to €2.9 million.
The settlement is intended to provide initial support and care for Eoin, with a further hearing scheduled for two years time, when a review of Eoin´s future needs will be conducted and by which time a structured compensation payment system may be in place. After approving the settlement, the judge said it had been “a harrowing, taxing and difficult case” for Eoin’s family and legal advisers.
As part of the settlement of compensation for catastrophic birth injuries, the Coombe Hospital is also to drop its Supreme Court appeal against the February decision which found the hospital liable for Eoin´s injuries.