Hospital apologises as family of girl (7) with cerebral palsy awarded €6.7m damages
Published 15/10/2015 | 17:55
A hospital has apologised to the family of a seven-year-old girl with cerebral palsy who has settled for €6.7million her legal action over the mis management of her birth.
Mr Justice Kevin Cross in the High Court was told Thurday that Katie Manton's family thought the apology was " too little too late."
Michael McGrath SC, for Katie's parents, Aoife and Raymond Manton, said he had been instructed to tell the court the apology was "too little too late in the circumstances."
Counsel said Katie had brought the action over the alleged below standard management of her mother's obstructed labour and the excessive delay in delivering her at South Tippeary General Hospital, Clonmel, on September 17, 2008.
In a statement read to the court, the hospital's general manager, Grace Rothwell said she wished to "express our sincere and unreserved apologies for the failings that caused the injuries to Katie and the tragic outcome."
She added:"I would like to take this opportunity to assure you that valuable lessons have been learned by the hospital and its staff."
Katie, through her father Raymond, of George's Land, Dualla Road, Cashel,Co Tipperary sued the HSE as a result of the allegedly inadequate and below standard management of Aoife
Manton's obstructed labour and the alleged excessive delay in delivering the baby who suffered a lack of oxygen to the brain.
It was claimed there was was an alleged failure to deliver by caesarean section or otherwise the baby in a timely manner and an alleged failure to properly diagnose CTG readings and to deliver the baby in a timely manner. The claims were denied.
Counsel said Katie is severely and permanently disabled. The family had been put to tremendous expense in the past seven years and had even bought a site to build a home for their daughter.
Katie's mother, Aoife, said she was happy with the settlement and was glad it was over.
Mr Justice Cross approved the settlement and said it would be good for Katie.
He said her parents had brought Katie through the early years and they were the heroes.
He hoped the settlement would make Katie's life as good as it could possibly be.
Outside court, Aoife Manton said they were relieved that this case was finished.
"It has been a very difficult time for the family. Since Katie’s birth in 2008 we have tried to do our best for Katie with limited means and resources.
"It is regrettable that even though the HSE admitted liability in these proceedings, it was not until today that there has been a semblance of an apology or an expression of regret from the HSE for its admitted negligence and failures."
She added: "In light of the circumstances surrounding our daughter’s birth,and with regard to issues that remain to be addressed, it is simply too little, too late.
"The failures on the part of the HSE and South Tipperary General Hospital have affected the lives of everyone in our family, and more particularly our wonderful daughter Katie, whom we all love dearly and of whom we are very proud."
She said after seven years they now have the opportunity to provide Katie with the very best of care and assistance.