A 23 year old woman, who sustained cerebral palsy due to the alleged mis-management of her birth, has agreed to an out-of-court settlement amounting to 2.5 million Euros.
Laura Tinney of Buncrana, County Donegal, was born on May 31st 1988 at the Letterkenny County Hospital after her mother – Eleanor – had been admitted the week previously, when cardiotocography recordings had shown a deceleration in the foetal heartbeat.
Cardiotocography recordings were discontinued on May 29th and when Laura was born it was discovered that she had suffered from oxygen deprivation, causing permanent brain damage. Laura is now confined to a wheelchair, has little use of her left hand and requires significant care.
In an action brought against the Health Service Executive (HSE) by Laura´s mother, it was alleged that had the cardiotocography recordings been maintained, it would have revealed further abnormalities in the heartbeat which would have prompted immediate delivery.
The HSE denied the claims, but at the High Court in Dublin Mr. Justice John Quirke was advised that the HSE had made an offer of settlement without admission of liability which the family was willing to accept.
Approving the 2.5 million Euros compensation settlement, the judge commented that had the case been allowed to proceed, there was a real chance that Laura would have received no damages – a scenario which the judge said would be “a dreadful outcome”.