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Victim of Birth Injury Receives €1.35 M Settlement


The victim of birth injury that occurred at Mullingar General Hospital received an interim of €1.35 million settlement as a result of negligence and a severe breach of duty. The child’s guardians hired a lawyer.

In this four-year old’s case, the Health Service Executive and obstetrician admitted liability after he was accused of negligence in the circumstances surrounding Luke’s birth. A person in the know reports that the mother stated the child was healthy when she was admitted to the hospital on February 28, 2006.

Based on the reports, the consultant obstetrician at Mullingar allegedly failed to note a decrease in the child’s heart rate on a cardiotocographic trace. It was also reported that the same doctor failed to consider another abnormal CTG trace and then failed to carry out a Cesarean section. Instead, he ordered that a labor inducing drug, known as Syntocin, be given to the mother of the victim.

According to reports, the infant was born by forceps delivery. Upon birth, the baby required artificial resuscitation and had to be transferred to the special baby care unit. The child was later diagnosed with cerebral palsy, a non-progressive motor condition causing physical disability and stunted human development, chiefly in the various areas of body movement.

Now, the four-year-old uses a wheelchair and requires 24-hour care – all as a result of the injuries, indicates the report.

When initially diagnosed, the child’s mother immediately filed a birth injury suit against the Health Service Executive and the obstetrician in attendance at her delivery. Liability was admitted by both defendants.

The Presiding Justice awarded the €1.35 million interim settlement on the basis that legislation will be enacted within two years to handle lifetime care in catastrophic injury cases. Otherwise, the case is to be re-filed for further consideration.

A sum of €200,000 is also included in the award and is to go toward the child’s special accommodation costs. This payment will be reconsidered on the basis of a forthcoming judgment related to how this court and courts in The Bronx and Westchester County shall deal with housing requirements in a case such as this.

Should your child be suffering after the unnecessary negligence of professional nursing staff and doctors, immediately contact a NYC Birth Injury Attorney to help.

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