A five-year-old Co Tipperary boy who alleged suffered an acquired brain injury after his birth has settled a High Court action with a €5 million interim payout.
Graysen Reid has cerebral palsy, is non-verbal, has neurodevelopmental delay, visual impairment and has to use a wheelchair, the court heard on Friday.
Graysen, from Clonmel, Tipperary, had through his mother Rachel sued the HSE over his care at South Tipperary General Hospital and Cork University Hospital in the days and months after his premature birth at 26 weeks and six days.
The settlement, which was reached after mediation, is based on the HSE accepting 80 per cent liability in the case.
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Speaking outside court, Ms Reid said her son’s life “has been forever changed, and so too has ours”.
Standing beside her partner, Graysen’s father Valentin Marin, she said: “What should have been a short hospital stay after his birth turned into years of crisis, fear and loss.
“Today marks the end of a very long and painful journey for our family.”
Ms Reid said the alleged failures in Graysen’s care “didn’t happen on just one day − they happened again and again over the first seven months of his life when he was a tiny, vulnerable baby”.
She saidit is the children, parents and the families who must live every day with the consequence in such cases, and she said they hoped “lessons will be learned from what happened to Graysen so that no other family has to endure the same heartache”.
“Graysen is the heart of our family he brings us joy every single day. The damages approved by the High Court will help to provide the care, home and support that Graysen deserves, but no amount of money will ever make right what has been taken from him,” Ms Reid said.
In the proceedings, it was claimed the baby suffered repeated periods of brain damage, allegedly caused by an undiagnosed upper airway obstruction and a windpipe floppiness difficulty, present from birth and until a tracheotomy insertion when he was seven months old.
It was contended that but for the alleged multiple failures at the two hospitals to recognise the baby had an upper airway obstruction and windpipe difficulties, along with an alleged failure to act on it urgently when it was queried, Graysen would have had a normal neurodevelopmental outcome. All of the claims were denied.
Patrick Treacy SC, for the boy and instructed by Cian O’Carroll solicitors, told the High Court it was their case that Graysen had a congenital condition and windpipe difficulties, including with intubation from birth which were not properly assessed or dealt with leading to “catastrophic consequences”.
Counsel said Grayson cannot sit unsupported, he requires a wheelchair and is non verbal. He also has hearing loss and visual impairment and has severe learning disabilities.
Graysen was born prematurely on December 23rd, 2019 at South Tipperary General Hospital. The court heard he was intubated in the fourth attempt and was transferred to Cork University Hospital.
When he was 12 days old, it was claimed the baby suffered an acute deterioration and required intubation. It was claimed that it took multiple attempts to intubate the baby.
On March 25th, 2020, the boy it was claimed suffered a respiratory arrest while having a nasogastric tube placed.
It was claimed Graysen suffered a 30 minute period of hypoxia and was later recorded as having hypoxia ischemic encephalopathy. He was transferred back to the Tipperary hospital in May 2020, where it was claimed he suffered episodes and required numerous resuscitations.
At one stage it was claimed while attending for a routine follow up in June 2020, the little boy it was claimed suffered a cardiorespiratory arrest in the car park of the Tipperary hospital and he required full resuscitation.
Graysen’s case will come back before the court in five years time when his future care needs will be assessed.
Approving the interim settlement Mr Justice Paul Coffey said he wanted to acknowledge that it was a sad and tragic case which had upended the family’s life.
The judge approved the settlement and said he was satisfied there was a litigation risk and “forensic hazard” regarding causation because Graysen was born extremely preterm.
