Sunday 24 September 2017

Brain damaged girl (8) settles alleged negligence action against hospital for €2.6m

Marlis Flood, mother of Caoimhe, of Kingswood Heights, Tallaght, Dublin, pictured leaving the Four Courts today after a High Court settlement.Pic: Courts Collins
Marlis Flood, mother of Caoimhe, of Kingswood Heights, Tallaght, Dublin, pictured leaving the Four Courts today after a High Court settlement.Pic: Courts Collins

An eight-year-old girl who is severely brain damaged has settled her High Court action for alleged negligence against a hospital for €2.6m.

Caoimhe Flood has cerebral palsy and is spastic quadriplegic, the court was told.

The settlement was without admission of liability.

Two years ago, Caoimhe, of The Rise, Kingswood Heights, Tallaght, Dublin, accepted an interim settlement of €1.3m.

The latest settlement on Thursday (Feb 26) of €2.6m towards the young girl's future care needs is the final settlement in the case bring the total she receives to €3.9m.

Approving the settlement, Mr Justice Bernard Barton said on a personal level he was relieved for the Flood family.

Through her mother, Marlis Flood, Caoimhe sued the Rotunda Hospital in Dublin over the management of her birth in 2006.

It was claimed that Mrs Flood had attended the hospital in February 2006  and tests were carried out because she had a four day history of ante partum haermorrhage associated with abdominal pain.

She was discharged and continued to attend for ante natal reviews and was an in-patient from March 30 to April 2, 2006, due to abdominal pain.

On April 3, 2006 she went back to the hospital for a scan and also complained of other matters.

It is alleged she did not have a scan and notwithstanding her symptoms was discharged home.

It was further alleged that the next day Mrs Flood returned to the hospital with increasing abdominal pain and an examination it was revealed she was dilated and the baby was born later that evening.

It was claimed there was an alleged failure to heed and act upon Mrs Flood's history of ante partum haemhorrage  and abdominal pain for six days and that delivery of the baby was allegedly delayed when she ought to have been delivered.

All the claims were denied by the hospital.

Senior Counsel Denis McCullough SC told the court Caoimhe's parents were very anxious that case be finally settled and that they would not have to come back to court again.

He said Caoimhe's case was an extremely severe one and falls in to the most damaged category of persons.

She had to be fed through a tube in the first year of her life. 

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