An autistic teenager has settled a High Court case against the National Maternity Hospital (NMH) for €7.25 million, following a claim that his disability arose due to the circumstances of his birth.
Citing a “protracted labour” and “difficult birth”, counsel for the young boy claimed that he was born limp and unresponsive in July 2005, and had gone on to develop his mental disability following an arduous birthing process.
Delivered via ventouse delivery (assisted birth using forceps or a suction cup), it was argued that the boy was unnecessarily exposed to both asphyxia and trauma as the result of his extraction, and that the injuries suffered included developmental delay and autism.
It was the counsel’s contention that there was an alleged delay to appropriately manage his mother’s pregnancy, as well as a failure to intervene on time and prevent suffering, subjecting the boy to excessive tractions and an inordinate number of pulls.
The amount of €7.25 million was reached through mediation early last week, which will be used to cover the costs of various therapies, as well as retrospective and future care costs.
The claims were denied and their was no admission of liability by the National Maternity Hospital, including no concession that there was a breach of duty.
Birth Injuries
Ensuring that a baby is healthy at the end of the delivery is the number one priority for new parents and medical staff alike. Doctors and other medical professionals will always do their utmost to ensure that every stage of the pregnancy cycle is a complete success with no difficulties.
Unfortunately, this is not always the case and accidents/mishaps can occur, as observed in the case above. Birth injuries can transpire as the result of mismanagement of pregnancy, the delivery process, or the aftercare of the baby, and in some instances can arise months or years later following on from the birth.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement*