The High Court has approved an interim settlement of €2.75m in a case taken against a consultant obstetrician by a boy who was catastrophically brain injured before his birth.
James McCarthy, 12, who cannot walk, talk or sit up on his own brought a High Court action for damages over injuries he suffered in the final stages of his mother's pregnancy.
In November 2001, he was delivered by emergency caesarean section at 33 weeks when a scan showed his identical twin had died in the womb.
Concern had been raised by medical staff a week earlier that his mother should be admitted, but there was a failure to admit her and she was instead sent home. A week later, a scan showed one of the twins had died.
James McCarthy, Derrygrath, Clonmel, Co Tipperary sued Dr Raymond Howard through his mother Linda McCarthy.
Dr Raymond Howard is a consultant obstetrician and gynaecologist at St Joseph's Hospital, Clonmel, Co Tipperary.
Proceedings against the hospital and the Health Service Executive were struck out and the case proceeded against Dr Howard, who had admitted liability six weeks ago.
The case came before the court for assessment of damages and was expected to last a number of weeks.
However, the High Court was told today an interim settlement had been reached for €2.75m and the case was adjourned for three years, when it will return to court to assess the future care needs of the plaintiff.
Last week, the High Court was told concern had been raised a week before the delivery by a hospital registrar at St Joseph's Hospital, Clonmel.
James's mother had a routine scan and the registrar was concerned that she should be admitted.
Counsel said after the registrar consulted with her obstetrician, Dr Howard, the expectant mother was told to go home and come back in a week.
A scan was carried out when she returned a week later and it showed one of the twins had died and an emergency section was performed.
James was in very poor condition when he was delivered and he has cerebral palsy.
Senior Counsel John O'Kelly said that in April 2001 Ms McCarthy was told she was expecting twins and was referred to St Joseph's Hospital for ante-natal care under the care of Dr Howard.
Ms McCarthy was not seen by Dr Howard but by his registrar, who expressed concern after a scan on 13 November 2001 and wanted to admit Ms McCarthy.
Mr O'Kelly said James has been left a spastic paraplegic. He cannot walk or sit up on his own. He said James is a very social boy who shows warm recognition of his family members.
Speaking outside court, Mrs McCarthy said 20 November 2001 is "a day which as a family we will never forget. That is the day on which our lives were torn apart."
She added: "James will be 13 in November and he is a wonderful son, brother and grandson.
"We also cannot forget his twin brother Daniel who we never got to hold."
She said the family were left with no choice but to go to court even though liability was admitted last month by Dr Howard.
"But you have to do what is right for your child.
"Nothing can compensate James for what he has already missed out on and will miss out on in life.
"There are some fabulous people who work in the health system but why did the HSE and Dr Howard have to fight us all the way to deny what they already knew was true, that Dr Howard was liable for what happened."
She said the agreement "is not in our name" but in the name of James and "his twin brother Daniel who is looking down on us today".
Anda sedang membaca artikel tentang
€2.75m settlement for boy injured before birth
Dengan url
http://newsdeadlineup.blogspot.com/2014/10/a275m-settlement-for-boy-injured-before.html
Anda boleh menyebar luaskannya atau mengcopy paste-nya
€2.75m settlement for boy injured before birth
namun jangan lupa untuk meletakkan link
€2.75m settlement for boy injured before birth
sebagai sumbernya
0 komentar:
Posting Komentar