Thursday 23 November 2017

Junior cert student who suffered brain damage at birth settles High Court action for €7m

Dean Nolan will need help for the rest of his life

Stock picture
Stock picture

Tim Healy

A 15-year old boy who suffered brain damage at birth has settled his High Court action for €7million.

Dean Nolan, who will be sitting his Junior Cert in June, had sued over the circumstances of his birth at the National Maternity Hospital (NMH),Dublin.

Liability had been admitted in the case last week.

Dean, of  Ardmore View, Gorey, Co Wexford  through his mother, Kelly Campbell, sued the NMH and the HSE over the circumstances of his birth on February 1, 2002.

It was claimed Ms Campbell was admitted to the NMH and was induced.

It was alleged that in the course of labour, cardiotocography (CTG) readings revealed numerous and complex decelerations in the heart rate of the baby.

After five hours in the labour ward, oxytocin was commenced and later increased. Dean was delivered requiring resuscitation and later intubation  and ventilation.

It was further claimed there was an alleged failure to treat Ms Campbell and the her baby with all necessary skill, care, diligence and expertise.

There was also an alleged failure to to ensure the delivery of the baby in an expedient manner particularly in the light of the CTG readings.

Christopher Meehan SC for Dean, told the court that the case was unusual in that the boy does not have any physical deficits but had deficits of a neuro cognitive nature.

Experts on both sides agreed the boy did not have cerebral palsy, he said.

Counsel said Dean's parents Derek Nolan and Kelly Campbell had made superhuman efforts in their care for their son.

The family since had two other children and Ms Campbell, who had been a supermarket assistant manager, had to give up her job to look after her son.

Counsel said Dean will need help for the rest of his life and it was clear the neurological deficit will impact on his life.

Mr Justice Kevin Cross said  while Dean did not have physical problems,the settlement will provide care for him for the rest of his life. He wished  Dean and his family well for the future.

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