Saturday 23 September 2017

Boy (9) with cerebral palsy settles with HSE for €2.2m

Tim Healy

A NINE-year-old boy with a form of cerebral palsy has secured a €2.2m payment in settlement of a legal action over the circumstances of his birth.

The issue of further payments to meet the future care needs of Adam Aylward will be addressed later in anticipation of the enactment of promised legislation allowing for staged payments in catastrophic injury cases, the High Court heard.

Ms Justice Mary Irvine approved as "excellent" the settlement for Adam who, through his mother Deirdre, of Knocktopher, Co Kilkenny, sued the HSE alleging negligence in the circumstances of his birth on December 5, 2003, at Waterford Regional Hospital.

Adam was born by emergency Caesarean section when his mother was 28 weeks pregnant and, among various claims, it was alleged the decision to perform the emergency Caesarean was negligent.

On June 11 last, Mr Justice Kevin Cross found the decision to proceed to deliver by emergency Caesarean in a non-emergency situation was negligent.

The HSE had indicated it intended to appeal that decision but yesterday, Liam Reidy, for the child, said the matter had settled and he asked the judge to approve the settlement.

Ms Justice Irvine also approved payments for Adam's parents for past care needs.

Addressing the parents, the judge said, while the settlement would not give their son back "what he should have had", she hoped it would ease the family's situation.

Irish Independent

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