Monday 24 July 2017

€1.35m settlement for boy who is brain damaged and blind

The boy requires 24 hour care

The High Court, Dublin
The High Court, Dublin

Tim Healy

A six-year-old boy who is brain damaged and blind has settled his High Court action over the circumstances of his birth with an interim payout of €1.35million.

Mark Kearney-Clifford from Ballylickey, Bantry, Co Cork, cannot speak, suffers seizures every day and requires 24 hour care, the court heard.

Approving the settlement of €1.35million for the next three years, Mr Justice Kevin Cross praised the boy's parents and extended family for the care they have given Mark.

Mark, through his mother Grace Kearney, sued the HSE  over the circumstances of his birth at Cork University Maternity Hospital on March 13, 2010.

It was claimed there was an alleged failure to perform a Caesarean Section in sufficient time or at all to prevent the baby from suffering from hypoxic ischaemic encephalopathy.

There was also an alleged failure to ensure the baby received an adequate, proper and prompt delivery.

The court heard his family, with the help of the Jack and Jill Foundation, have taken care of him for the last six years along with limited help from the HSE.

Grace Kearney told the court she was grateful for the advice from her legal team and the family felt relief that the legal proceedings were now over.

Mr Justice Cross said it was a very good settlement and would be beneficial to Mark.

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