HSE pays €1m to boy (7) for negligence at birth
Published 16/11/2011 | 05:00
A PARTIAL settlement of €1.004m has been approved in the case of a seven-year-old boy who was left with spastic cerebral palsy due to negligence during his birth.
Shane Kenny, of Ballylouane, Ballyduff, Co Waterford, also has developmental delay and motor dysfunction arising from the circumstances of his birth on November 2, 2004, at the Erinville Hospital in Cork.
He sued the HSE for negligence through his mother Catherine, a nurse.
Mr Justice John Quirke was told that the HSE had admitted liability and had acknowledged and apologised for the fact that it was negligent in the events leading up to Shane's birth and at his birth.
The court heard there was a failure to act upon a CTG trace, which showed that the foetal heart rate was abnormal, and that the decision to deliver the baby by forceps was negligent.
Shane's parents said they were glad that "the day has finally come where the HSE has admitted the cause for Shane's devastating brain injury. We are especially glad that Shane has now received an apology and that funds will be in place to secure his care".