Settlement of Claim for Birth Injuries due to an Undiagnosed Antepartum Haemorrhage

A judge at Dublin High Court has approved the final settlement of a compensation claim for birth injuries due to an undiagnosed antepartum haemorrhage.

Marlis Flood had a medical history of antepartum haemorrhaging prior to attending the Rotunda Hospital on March 30th 2006 complaining of an abdominal pain. Marlis – who was near her delivery date – was admitted into the hospital, but discharged three days later.

On April 3rd, Marlis returned to the hospital again complaining about her pain, but was sent home – only to return the following day when her pain got worse. An examination revealed that Marlis was dilated, she was admitted and her daughter Caoimhe was born later that evening.

However, due to an alleged failure to address Marlis´ concerns about abdominal pains when she had a history of antepartum haemorrhaging, and an alleged avoidable delay in delivering her child, Caoimhe suffered hypoxia in the womb and was diagnosed with cerebral palsy when she was born.

For the first year of her life, Caoimhe had to be fed via a tube and will she will require full-time care for the rest of her life as she is a spastic quadriplegic. On her daughter´s behalf, Marlis made a claim for birth injuries due to an undiagnosed antepartum haemorrhage against the Rotunda Hospital.

Liability for Caoimhe´s birth injuries was denied; but in 2012, the hospital agreed to a €1.3 million interim settlement of compensation without an admission of liability. This week, the claim for birth injuries due to an undiagnosed antepartum haemorrhage returned to Dublin High Court for a final settlement of the claim to be approved.

At the approval hearing, Mr Justice Bernard Barton was told the circumstances leading up to Caoimhe´s birth and the consequences of the hospital´s alleged negligence. The judge approved the €2.6 million final settlement of Caoimhe´s claim for birth injuries due to an undiagnosed antepartum haemorrhage, saying that he was very relieved for the Flood family that the claim had finally and completely been resolved.