Courts

Boy (4) with cerebral palsy secures €2.45m interim payment in settling birth care action

Noah Bracken has dyskinetic cerebral palsy, uses a wheelchair and has difficulty with speech

Noah’s mother Lisa Ward had gone to Portiuncula Hospital, Ballinasloe, Co Galway. Photograph: Alan Betson
Noah’s mother Lisa Ward had gone to Portiuncula Hospital, Ballinasloe, Co Galway. Photograph: Alan Betson
Thu Jul 25 2024 - 16:02

A four-year-old boy with cerebral palsy who sued over the hospital care received around the time of his birth has settled his High Court action for a €2.45 million payout for the next five years.

Noah Bracken has dyskinetic cerebral palsy, uses a wheelchair and has difficulty with speech and only his parents understand what he is saying, the High Court heard.

Ms Justice Leonie Reynolds on hearing that Noah’s parents spent all their savings on therapies for their young son commended his legal team for bringing the case before the courts so quickly and to settlement.

The settlement is without an admission of liability.

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Noah’s senior counsel, Bruce Antoniotti, told the court liability was at issue in the case and the settlement reflected a 30 per cent reduction.

Counsel said Noah’s mother Lisa Ward had gone to Portiuncula Hospital, Ballinasloe, Co Galway on October 24th, 2019, suffering from hypertension and she was put on blood pressure medication and there was a plan to attend her GP for repeat blood tests and for an induction of labour later.

Counsel said that after she left the hospital a consultant advised that she be asked to return for observation, but Ms Ward says she did not receive that phone call.

Counsel said there is a dispute over the matter and the HSE contended that when she was contacted the next day Ms Ward allegedly said she would prefer to stick with the pregnancy management plan. He said Ms Ward disputes this version.

On October 27th, Ms Ward presented at the hospital and Noah was delivered on the morning of October 28th, 2019, he said.

Counsel said there was significant problem in relation to liability and it was a very difficult case.

Outside court, Noah’s solicitor, Dolores Gacquin, said the interim settlement, which is for the next five years, will help ensure Noah’s every need is met and will go some way towards making life more pleasant and comfortable for Noah and his parents.

Noah, of Four Mile House, Co Roscommon, had through his mother Lisa Ward sued the HSE over the medical treatment provided prior to, in connection with and in the aftermath of his birth at Portiuncula Hospital, Ballinasloe, Co Galway.

It was claimed there was a failure to obtain appropriate specialist or expert opinion in a timely manner.

It was also claimed there was a failure to alert the mother to the potential seriousness of her condition and to offer her appropriate monitoring and review prior to discharging her from the ante natal clinic.

It was further maintained there was a failure to ensure timely delivery of Noah.

The HSE denied all claims and contended that a number of offers to expedite delivery were declined and the mother decided to continue with her pregnancy management plan.

Approving the interim settlement, Ms Justice Leonie Reynolds said the parties were to be commended for reaching a settlement when Noah was still in his developmental years. The judge said the little boy will now be able to get all the assistance he requires at a very important time in his life.

The case will come back before the court in five years when Noah’s future care needs will be assessed.