The Health Service Executive and Kerry General Hospital have apologised unreservedly in the High Court to a four-year-old girl who was brain damaged during her birth and settled her action for €2.5m.
Skye Worthington today settled her action against the HSE with an interim payout of €2.52m to cover the next three years.
Sky had, through her mother Colleen Worthington, Cloghane, Castlegregory, Co Kerry sued the HSE as a result of injuries sustained during her delivery at Kerry General Hospital, Tralee in April 2011.
The court was told that liability had been admitted in the case.
Skye has cerebral palsy, can only sit for a while and has to be fed through a tube.
Skye's senior counsel Bruce Antoniotti read an apology to the court from the general manager of Kerry General Hospital, TJ O'Connor.
It said: "HSE South/South West Hospital Group and the maternity department of Kerry General Hospital wish to apologise unreservedly to you and your family for the birth injury caused to your daughter Skye at the time of her delivery.
"While it was not intentional and it cannot be undone, we have learned lessons from the management of Skye's birth by having a formal review of which you were part.
"This has helped clarify a number of important issues."
It added: "I do not underestimate how traumatic this has been for you and your family but I can assure you that lessons have been learned and acted upon with the ultimate aim of ensuring the safety of our patients at all times.
"On behalf of the HSE, we are truly sorry for what occurred."
Approving the €2.52 settlement, Mr Justice Kevin Cross said it was an apology which was "out of the ordinary" and not "just a formation of words".
The judge said the apology was very meaningful.
Mr Antoniotti said Skye's parents were most grateful for the apology and it greatly helped them.
Mr Justice Kevin Cross said it was a very good settlement and he hoped Skye will now get all the equipment and help she needs.
When the case comes back to court in three years time, the Worthingtons can then decide he said whether to go for a lump sum final payment or if the legislation is in place annual periodic payments in relation to Skye's future care needs.
Outside court the Worthingtons said: "Skye has to fight for her place on this earth, sometimes fighting for every breath, but she is feisty and determined and we are very proud of her.
"We don't know what route Skye's life will take but this settlement will help pave that route, and give her the tools she needs to thrive.
"If we could return this settlement and magically enable Skye to walk and tell us she loves us or where she has pain, we would, but that's not an option for us," her mother Coleen said.
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