Saturday 24 March 2018

Cian gets €3.5m settlement in cerebral palsy case

Tim Healy

FOOTBALL fanatic Cian Mangan (14) was all smiles yesterday after a court approved a settlement of €3.5m for injuries suffered at birth.

Cian, who has cerebral palsy, brought proceedings for negligence against the HSE through his mother Michelle Mangan of Fairfield Road, Faranree, Co Cork.

The settlement, without admission of liability, was approved by the High Court.

Cian thanked the judge in court and his mother said: "Once Cian is happy, we are happy."

Afterwards his mother promised to send him over to the UK to watch a few games involving his favourite team, Manchester United, who he has tipped for Champions League glory.

Dr John O'Mahony SC, for the boy, said Ms Mangan was in labour when she arrived at St Finbarr's Hospital in Cork on June 1, 1996.

Counsel said that alarm bells should have rung and urgent steps should have been taken shortly after Ms Mangan's arrival.

Ms Mangan, who was 18 at the time, was a few days overdue and the difficulty in giving birth should have been identified at 10.56pm or even a couple of minutes before, counsel said.

Cian was born at 11.39pm but his foetal heartbeat had fallen and be became asphyxiated. He suffered from cerebral palsy as a result, counsel said.

It was alleged staff failed to recognise the symptoms of foetal distress in time, and there was an unacceptable delay in calling a doctor.

The HSE denied the claims and also had expert witnesses on hand to give evidence that the procedures followed were appropriate.

However, because the timeline was so tight and there was "real conflict" on the management of the delivery, Ms Mangan was happy to agree to a settlement. Mr Justice Brian McGovern approved the settlement of €3.5m.

Afterwards, Ms Mangan said she was really happy with the settlement. While her son had cerebral palsy, it did not hold him back, she said.

Irish Independent

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