Karen Kearney, partner at Cantillons Solicitors, assisted by Tricia Sisk, April Wiseman and Ernest Cantillon, secured the €7.5 million settlement for eight-year-old Alex Marcio Hunka Ribeiro in the High Court on 6 October 2026.

The team also secured substantial compensation for Alex’s mother, Magda, for injuries arising from the alleged mismanagement of her pregnancy, labour and delivery.

The proceedings were contested over approximately six years, and the HSE did not admit liability.

Allegations concerning maternity care

Alex was born at Cork University Maternity Hospital (CUMH) on 17 August 2018. Magda had been referred to the hospital for maternity care after her pregnancy was confirmed in late 2017.

Her case was that she did not meet a consultant obstetrician at any stage during her care, despite a pregnancy complicated by uncontrolled gestational diabetes and an anticipated high birth weight identified through scans and a growth chart.

It was alleged that, under the hospital’s own guidelines, these complications required a consultant-led management plan, including a delivery plan.

The claim also concerned the failure to discuss the risks with Magda and to explore, discuss and recommend a caesarean section.

It was alleged that these failures led to an obstructed labour complicated by shoulder dystocia.

Alex sustained a fractured right humerus and has significant neurocognitive and neurobehavioural difficulties, together with a diagnosis of autism spectrum disorder.

Access to early intervention in Czechia

When Alex was 11 months old, his parents brought him to Czechia, Magda’s home country, to seek medical assessment. Magda was concerned that the Irish public health system was not meeting his needs.

The family initially intended to return to Ireland but remained in Czechia during the Covid-19 travel restrictions. They subsequently decided to stay, where Alex has received extensive medical, therapeutic and educational support through the public system.

His care has included specialist paediatric, neurological, psychiatric and orthopaedic reviews, as well as speech therapy from the age of two.

Following a GP referral, he also began attending a local non-profit centre providing early intervention and support for children with additional needs.

At four, Alex entered a specialist kindergarten with a small class, two teachers and a teaching assistant, supported by an individual education plan reviewed regularly. Since September 2025, he has attended a school catering for his additional needs, in a class with five other boys, one teacher and three assistants.

Drawing on 20 years’ experience in medical negligence practice, Ms Kearney said the range and continuity of support available to Alex in Czechia contrasted sharply with the difficulties families face in accessing comparable public services in Ireland.

Wider concerns about developmental checks

The family’s experience comes against the backdrop of concerns highlighted in the Ombudsman for Children’s Milestones Missed report, released on 3 November 2026.

The report examines how changes to the HSE system in 2022 have affected access to universal developmental checks for children under six. It estimates that up to 7,000 children may have missed their nine-to-12-month developmental checks in 2025 alone.

It also identifies shortcomings in the collection and monitoring of information needed to oversee the service and assess whether children’s interests are being protected. Ms Kearney said Alex’s settlement will provide significant peace of mind for Alex and his parents, helping them meet his many needs in the years ahead to include care, therapy and accommodation.