An award of compensation for mild cerebral palsy amounting to €1.35 million has been approved in the High Court in favour of eleven-year-old Shane Fitzgerald.
Shane, from Lehanaghmore in County Cork, had sued consultant obstetrician Dr David Corr and the Bon Secours Health System Ltd, trading as the Bon Secours Hospital, College Road, Cork City, through his mother Susan after alleged delays in Shane´s delivery on April 10th 2001.
It was claimed in Shane´s action that, due to an alleged delay in his birth, he suffered from a lack of oxygen to his brain and was born with a mild form of cerebral palsy. Had Shane been delivered earlier, it was claimed in his action, he would have been spared his injury.
Both Dr Corr and the Bon Secours Hospital denied their liability for Shane´s injury but, at the High Court, Mrs Justice Mary Irvine was told that an offer of settlement of €1.35 million had been made in respect of Shane´s claim for mild cerebral palsy compensation without admission of liability.
Mrs Justice Mary Irvine was told that, despite his condition, Shane is doing very well in school and is a “happy young man”. The judge approved the compensation for mild cerebral palsy settlement – noting that it was a good settlement, as there may have been issues concerning liability had the hospital negligence case been litigated in court.