High Court approves €7.5m settlement in action brought over management of teen boy’s birth

Arising out of those readings, it was claimed the HSE’s staff should have intervened and taken steps including expediting Kyle’s delivery, which they allegedly failed to do.

It was also claimed that Kyle was delivered following an allegedly clinically unacceptable delay.

Following his birth he was transferred to Waterford Regional Hospital where he remained in Intensive care for two weeks.

The HSE, it was claimed, was negligent on several grounds including that it failed to take proper action and that it allowed Kyle to be born in an asphyxiated state, resulting in him suffering permanent and significant injuries.

The court heard that arising out of his injuries Kyle had to be fitted with a gastrostomy peg to allow him to eat because he has no ability to swallow.

The court also heard he has cerebral palsy, and a moderate learning disability, but has reasonable mobility on his feet. Counsel said that Lyle is able to play football in his back garden.

He has difficulties with his speech, and his communications skills are limited.

He has a lack of safety awareness and requires permanent care, close monitoring, and is incapable of independent living.

Kyle attends a special school and lives at home with his family, the court also heard.

Mr Walsh also told the court that Amy Corcoran was happy with the settlement and an application to make Kyle a ward of court will be made in due course.

Counsel said the full value of the claim was approximately €9m. However following the mediation, that figure was reduced by just over 17pc to a total of just over €7.586m, counsel said.

In approving the settlement Mr Justice Cross said it was “a good” and “reasonable one” in the circumstances.

He also said the settlement will provide for Kyle’s future care needs.

Source Irish Independent