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Monday 22 September 2014

Girl (8) with severe cerebral palsy awarded additional €650k towards care following hospital's negligence at birth

Published 13/05/2014 | 17:14

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A YOUNG girl with severe cerebral palsy is to get another €650,000 towards her care needs for the next two years following a previous €2.78m settlement of her legal action over negligence at her birth.

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Charlotte Barry, now aged eight, O'Connell Gardens, Bath Avenue, Sandymount, Dublin, was born severely disabled at the National Maternity Hospital (NMH), Holles Street, Dublin, on September 9, 2005 and will require lifelong care. 

She had sued the hospital through her mother, Aisling Campbell. The hospital accepted liability and an interim payment of €1.6m was made in 2010 with a further €750,000 approved towards her accommodation needs a year later. Last year a further  €430,000 was approved for Charlotte's care needs.

In the proceedings, it was claimed the treatment given to Aisling by the hospital at the birth was negligent and caused the child to suffer profound hypoxic-ischaemic insult resulting in cerebral palsy.

Ms Campbell attended hospital on August 28, 2005 after her waters broke and was discharged the same day.

She was not admitted again until September 8 and Charlotte was born the next day. It was claimed the hospital failed to properly manage and monitor the labour, delivery and birth.

The High Court previously heard  Charlotte can only communicate through facial and eye movements and uses an advanced computer system known as a "Big Mac" which can pick up eye movements whereby she can communicate with others.

Approving the latest interim settlement  Ms Justice Sean Ryan said it was a very realistic assessment of Charlotte's care needs.

He said her parents were truly heroic and he was in awe of the level of care they had managed to provide for their daughter.

The case will come before the court again in two years time.

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