Thursday 8 December 2016

Man brain damaged at birth awarded €3.5m

Tim Healy

Published 12/10/2016 | 13:31

The Rotunda Hospital in Dublin. Photo: Garrett White
The Rotunda Hospital in Dublin. Photo: Garrett White

A 24 year old man who had sued the Rotunda Hospital over his care at the time of his birth has settled his High Court action for €3.5million.

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Leon Keogh Casteltimon Road, Kilmore, Dublin 5 had through his mother Natalie O'Hanlon sued the hospital over the circumstances of his birth and his care on December 21, 1991.

It was claimed there was an alleged failure to pay any or any sufficient attention to the abnormalities which  allegedly should have been apparent on the CTG trace  and an an alleged failure to deliver Leon when it ought to have been apparent there was foetal cardiac abnormality.

It was further claimed there was an alleged failure to deliver or expedite delivery at the first possible opportunity when it was allegedly clear the foetus was in distress.

When Leon was born it was claimed he required resuscitation and had a brain injury.

The claims were denied and the settlement was without an admission of liability.

Leon's senior counsel Denis McCullough told the court there was a controversy in the case between the experts on both sides and the offer was made in the case after mediation.

He said Leon has cognitive difficulties  and loves to listen to music.

Approving the settlement Mr Justice Kevin Cross said it was a very good one and it represented about 50pc of the full claim in the case. He said Leon's mother and step father are owed a deep gratitude from the country for looking after him and he hoped the settlement would offer them some comfort.

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