€1.65m for girl (4) left disabled by hospital's negligence
A FOUR-year-old girl left severely disabled as a result of medical negligence at her birth has secured €1.65m as part of an interim settlement of her legal action against a hospital.
Charlotte Barry, from O'Connell Gardens, Sandymount, Dublin, was left with severe cerebral palsy arising out of the circumstances of her birth at the National Maternity Hospital on September 9, 2005. She sued the hospital through her mother Aisling Campbell.
The High Court heard yesterday that the hospital accepted liability and the interim payment of €1.65m was being made on the basis that she can come back to court for further payments when it is hoped new legislation will be in place to provide a general scheme for staged payments in such cases.
Denis McCullough, for Charlotte, told the court the case could be adjourned for two years on the basis that the defendant would make contingency payments to provide for Charlotte's needs during that period.
Outlining Charlotte's condition, Mr McCullough said she had severely compromised motor abilities and communicated through facial and eye movements. She uses a computer called 'Big Mac' which picks up eye movements so she can communicate with others.
Care
She has to be fed through a tube inserted into her abdomen and also requires 24-hour care.
One of the disputes between the parties was over future accommodation needs. While her home was adapted for her needs, it was her side's view that a new home would be needed.
Charlotte needed to stay in Sandymount as this was where she attended speech and language classes at Enable Ireland, but the difficulty was that prices were expensive, counsel said.
Mr McCullough said it had been put to the defendant that €350,000 would be paid for future accommodation. But the cost of providing a house there would be more than the defendant had allowed for.
Talks got under way between the sides yesterday over this outstanding issue and the case was adjourned until today.
In the proceedings, it was claimed the treatment given to Ms Campbell by the hospital was negligent and caused the baby to suffer hypoxic-ischaemic insult resulting in cerebral palsy. She attended hospital on August 28 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 is claimed the hospital failed to properly manage the labour, delivery and birth.
- Tim Healy
Irish Independent
