Dyskinetic Cerebral Palsy Compensation Claim Settled in High Court

A High Court judge has found the Coombe Women´s Hospital in Dublin liable in a dyskinetic cerebral palsy compensation claim brought against it by the mother of a ten-year-old boy.

The claim for dyskinetic cerebral palsy compensation was brought by Dr Fiona Murphy from County Dublin, on behalf of her son Eoin (10) following the delivery at the hospital on 12th July 2002.

Eoin was given birth to suffering from almost total acute hypoxic ischaemia, which a later investigation into the claim for dyskinetic cerebral palsy due to medical negligence found had started two or three minutes before to his delivery.

However, due to a paediatric registrar not being present at the delivery, Eoin was not resuscitated for seventeen minutes – during which time Eoin suffered irreversible brain injuries and now suffers from severe dyskinetic cerebral palsy.

After hearing testimony at the High Court in Dublin, Ms Justice Mary Irvine commented that, had the hospital behaved with reasonable care, there was no reason why Eoin should not have been properly ventilated before he was nine minutes old which would have then prevented his irreversible injuries.

In finding the Coombe Hospital responsible for Eoin´s dyskinetic cerebral palsy, the judge stated that “the delay was unacceptable and the hospital was negligent in failing to ensure the child received the type of intubation and ventilation mandated in the first 10 minutes of his life”.

The judge at the High Court subsequently adjourned the dyskinetic cerebral palsy compensation claim until May for the assessment of damages.

This article is about a medical negligence case in Ireland. You can find out more about medical negligence in Ireland here.