Saturday 22 October 2016

Boy brain-damaged at birth to receive €3m interim award

Tim Healy

Published 12/02/2016 | 02:30

Alia Muryem Assad. Photo: Courtpix
Alia Muryem Assad. Photo: Courtpix

An 11-year-old boy who suffered severe brain injuries at birth is to receive €3m under an interim settlement approved by the High Court.

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Mohammad Daud Assad, who has cerebral palsy and will require full time care for the rest of his life, was born on February 20, 2004, at the Rotunda Hospital in Dublin.

It was claimed a delay by the hospital in delivering him by a caesarean section caused his injuries and had he been delivered several hours earlier, he would not have sustained such catastrophic injuries,

Through his mother, Alia Muryem Assad of Lough Conn Terrace, Ballyfermot, Dublin, he sued the governors of the Rotunda for negligence.

Denis McCullough SC, for the boy, said liability had been admitted in the case in the last two weeks.

The matter was due to be heard as an assessment of damages only, but the parties had reached a settlement which includes an interim payment of €3m, he said.

Mr Justice Kevin Cross agreed to adjourn the matter for six years when the boy's needs going forward will be reassessed.

As well as reflecting damages for the injuries sustained by the boy, the interim award is to cover various costs.

These include his past care and ongoing care needs, housing, specialised equipment and music therapy which would be of immense benefit to him, counsel said.

In the action, it was claimed the defendant was negligent and breached its duty of care towards the boy by failing to prevent him from suffering the injuries he did by carrying out a timely caesarean section.

His mother arrived at the hospital at 9am on the date in question having been 10 days overdue. However, Mohammad was not delivered until 10.30pm by emergency C-section when it was too late.

The hospital failed to summon either the obstetrician or a senior member of the obstetrics team much earlier than it did despite clear signs of foetal distress, it was claimed.

Following his birth the boy required resuscitation.

He suffered severe brain injuries, and has both a mental and physical disabilities, counsel said.

He attends school and is unable to speak but is responsive and likes music.

Counsel said the house he lives in at the moment is unsuitable for his needs.

The boys parents told the court they were content with the settlement.

Irish Independent

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