Archive for December 2014

Judge Approves Third Interim Settlement of Compensation for Birth Injuries

A third interim settlement of compensation for birth injuries has been approved at the High Court in Dublin after a request for a full payment was denied.

Connor Corroon (now nineteen years of age) was born on 6th February 1995 at the Cork City General Hospital in a poor condition due to being deprived of oxygen in the womb. As a result of the hospital failing to monitor the foetal heartrate prior to his birth, Connor is now permanently disabled with cerebral palsy, is unable to speak and is confined to a wheelchair.

In 2010, Connor made a claim for compensation for birth injuries through his mother – Judith Corroon from Mallow in County Cork. Cork City General Hospital admitted that Connor and his mother had experienced a poor standard of care and a €1.6 million interim settlement of compensation for birth injuries was approved – pending the introduction of a periodic payment system. Connor´s was the first case to be dealt with in this way.

Last year, a second interim settlement of compensation for birth injuries amounting to €475,000 was approved at the High Court in Dublin and a third interim settlement was recently due. On Connor´s behalf, Judith Corroon appealed to the High Court that this third interim settlement of compensation for birth injuries should be a full and final payment, rather than wait for legislation to be passed for periodic payments.

At the High Court, Judith explained to Mr Justice Bernard Barton that Connor has to undergo a series of assessments prior to each court appearance, and she wanted her son to be able to get on with his life and go to college. Under the current system of interim compensation settlements, Connor undergoes more than twenty assessments each time an interim settlement of compensation for birth injuries is due.

Judge Barton denied the request for a full settlement of compensation – stating that it would be catastrophic for Connor if the High Court were to approve a final settlement and the funds run out later in his life. He also explained to Judith that he had recently received a consultation paper relating to proposed legislation that aims to introduce a periodic payment system next year.

After hearing the judge´s explanation, Judith agreed to a third interim settlement of compensation for birth injuries. Judge Barton approved the settlement of €1.45 million and adjourned Connor´s case for a further five years.

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Mother to Receive Compensation for Ventouse Delivery Injury

A mother is to receive £390,000 compensation for a ventouse deliver injury which, due to an inadequately repaired perineal tear, has forced her to give up her career as a nurse.

Dalia DuMaurier gave birth to her daughter Issy via a ventouse (vacuum) delivery in February 2010 at the County Hospital in Stafford, following a healthy and uncomplicated pregnancy. Unfortunately, during the procedure, Dalia suffered a perineal tear which was noticed at the time and treated.

However, following her discharge, Dalia (now 30 years of age) from Rising Brook in Staffordshire started experiencing a series of medical problems. First she developed a rectovaginal fistula and faecal incontinence, before suffering a parastornal hernia.

The complications were examined and found to be attributable to the perineal tear being inadequately repaired. Dalia now has to permanently wear a colostomy bag and has had to forgo her career as a nurse. She has also had to undergo treatment for psychiatric issues.

After seeking legal advice, Dalia made a claim for compensation for a ventouse delivery injury, alleging that had the perineal tear been adequately repaired at the time of her daughter´s delivery, the subsequent complications she experienced would not have occurred.

The Mid-Staffordshire NHS Foundation Trust initially denied liability for Dalia´s injuries and a two-year legal battle ensued, which was only resolved when an independent report found that her doctor may have caused the problem by applying a stitch in the wrong location or by failing to spot a natural tear in Dalia´s body tissue.

In March this year liability was conceded, and negotiations began to settle Dalia´s claim for an appropriate amount. Eventually a figure of £390,000 compensation for a ventouse delivery injury was agreed upon in an out-of-court settlement – a sum which will be put into a personal injury trust to cover the cost of Dalia´s ongoing treatment and therapy.

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