201806.19
0

€5m Birth Negligence Compensation Settlement for Boy (14) with Cerebral Palsy

A €5m Birth Injury Compensation settlement for a 14-year old boy has been approved in High Court in relation to the circumstances of his birth at Sligo General Hospital.

The boy Conor Maxwell was represented by Des O’Neill SC and Doireann O’Mahony BL who advised told the court Conor has spastic quadriplegia cerebral palsy and cannot communicate. They told the judge that, as far as they understand, Conor is happy but has trouble communicating and with his vision. Mr O’Neill said the settlement was settlement between the sides.

Presiding Judge Justice Kevin Cross spoke highly of Conor’s parents for the care they have given their son and the judge said the settlement will now help, “as far as money can” in the future care of the boy.

Conor of Carrickmackeegan, Ballinamore, County Leitrim was born on August 13, 2003. His mother was admitted to Sligo General Hospital in labour two weeks prior her due date. It was alleged that f Ms Maxwell’s labour was not handled correctly and as a result, the baby was exposed to significant hypoxia-ischaemia. The baby was monitored by continuous CTG but the cardiogram was allegedly abnormal from the start. These decelerations it was claimed were suggested the presence of hypoxia in the baby, but their importance was allegedly not considered.

It was claimed that the CTG was clearly abnormal abut was misinterpreted over and over again. Conor was delivered at 07.17am on August 13, 2003 and required resuscitation and in the hours after his birth contracted severe breathing difficulties and experienced seizures.

Conor’s legal team argued that there was an alleged failure to exercise the competence, diligence, care, and judgement necessary in the management of a birth.

In giving his approval to the birth injury compensation settlement Mr Justice Cross praised Conor’s mother Evonne and dad, Jason Kellett for the way they have raised for their son. The judge said it was a good settlement and he wished the family all the best for the future.