Girl with severe disabilities settles birth injury action for €3.25m

Olivia McGrath, from Gurranabraher, Co Cork, who cannot speak, has impaired vision, uses a wheelchair and requires full-time care, had sued the HSE through her father, Ruairi McGrath.

Approving the settlement, Mr Justice Paul Coffey said the case was fraught with complexity and that he was satisfied the agreement was fair and reasonable. He wished Olivia and her family well for the future, the Irish Examiner reports.

Dr John O’Mahony SC, with Doireann O’Mahony BL, told the court the issues in the case were complex and that, had it proceeded to trial, the hearing would likely have lasted six weeks. He said the case had settled following mediation.

Counsel said it was the plaintiff’s case that a caesarean section should have been carried out earlier on May 20, 2016, and that a CTG trace monitoring the baby’s heart rate was allegedly abnormal and should have been treated as a red flag. While the trace was observed, counsel said it was alleged that it was not acted upon.

Dr O’Mahony said the baby was small and there had been a reduction in amniotic fluid, circumstances which, it was alleged, should have led to an escalation in the management of labour.

He told the court that a further issue concerned the timing of a stroke suffered by Olivia. The plaintiff contended the stroke occurred during labour and that, had a caesarean section been performed, “Olivia would have been protected”. Counsel said an expert on behalf of the HSE maintained the stroke probably occurred weeks before labour.

In the proceedings, it was alleged there had been a failure to act appropriately in respect of a pathological abnormal CTG trace, that labour had been allowed to continue for many hours and that there had been a failure to deliver the baby by urgent caesarean section no later than 4.40pm.

The HSE denied all claims and contended that the antenatal care provided was appropriate and consistent with acceptable standards at an Irish maternity hospital at the time.

The interim settlement, reached without an admission of liability, represents 55 per cent of the full value of the claim and covers the next 10 years. Olivia’s future care needs will be assessed at that stage.

Outside court, Mr McGrath said: “It has taken five long years fighting tooth and nail all the way, but we got it over the line.”

He added: “This is going to make all the difference for Olivia. The world is now her oyster rather than us just surviving as we have been for the last 10 years. The sky is the limit now for Olivia and she will get all the therapies she needs.”