A High Court judge has approved a second interim cerebral palsy compensation payment for a young girl who was born with severe spastic quadriplegic cerebral palsy in 2004 due to the negligence of her mother´s consultant.
Isabelle Sheehan (now 8 years of age) was born at the Bon Secours Maternity Hospital in Cork on November 29th 2004 by emergency Caesarean Section, after a blood test on her mother – Catherine – had revealed an alarming rise in the presence of certain blood group antibodies.
Unfortunately, Catherine Sheehan´s consultant doctor – Dr David Corr – had failed to refer Catherine to an expert in foetal medicine, who would have identified potential difficulties with the pregnancy due to a clash between the antibodies in Catherine´s blood and those of her husband – Colm Sheehan.
When Isabelle was born, she was in a poor condition and was diagnosed with severe spastic quadriplegic cerebral palsy. Through her mother, Isabelle made a claim for compensation for the negligence of the consultant doctor, who admitted liability for Isabelle´s injuries when the case was first heard in October 2011.
At the original hearing, Mr Justice Iarfhlaith O’Neill approved an interim cerebral palsy compensation payment of €1.9 million, and adjourned the case for two years in the hope that a structured compensation payments system would be in place to assure a life time of care for Isabelle.
However, as no legislation has yet been passed in Ireland which would allow a structured system of compensation payments, the case was back in front of Mr Justice Kevin Cross, who heard that a further interim cerebral palsy compensation payment of €635,000 had been agreed between the parties to provide the care that Isabelle needs for a further two years.
After hearing that Isabelle is “bright and intelligent” and keeping up with children in her mainstream national school class with the help of a home assistant, Mr Justice Kevin Cross approved the interim cerebral palsy compensation payment, adjourned the case for a further two years and wished Isabelle a very good future.