A boy with cerebral palsy has secured an award of €4.55 million damages in settlement of his High Court action alleging negligence in the circumstances of his birth at Waterford Regional Hospital.
Although Karl Cretzan, now aged eight, is a "bright and happy" child attending mainstream school with the aid of a special assistant, he will require life-long care and a range of special services and therapies, Mr Justice Herbert was told. Karl was in court in a wheelchair.
In outlining the case, Dr John O'Mahony SC, with Mr Paul Sreenan SC, for Karl, said his experts would have alleged that, despite indications of foetal distress, oxytocin - which speeds up uterine contractions - was wrongly administered to Karl's mother, Lorraine, while she was in labour with him at Waterford Regional Hospital on the night of November 10th, 1995.
It would also have been claimed that the defendants had failed to intervene during the second stage of labour and to promptly deliver the child with the result, it was claimed, that Karl was deprived of oxygen for more than 10 and less than 25 minutes.
As a result of the alleged negligence, Karl, it was claimed, sustained brain damage and as a result will require life-long care. Co-ordination of limbs and speech difficulties remain the child's biggest problems, counsel said.
Mr Justice Herbert ruled the settlement in favour of Karl, of The Folly, Waterford, against the South Eastern Health Board and Dr Rodger Reynolds, a consultant obstetrician and gynaecologist. The defendants had denied negligence.
The judge also directed payment of €220,000 to Karl's parents to meet the cost of care to date and to provide €20,000 towards the cost of a family holiday.
Karl smiled when the judge ordered that he, his parents and two other siblings, Claudia aged three and Alex aged seven months, should receive funds towards a holiday.
In evidence, Mrs Cretzan said she was happy "that the last eight years are over" and that the family might get on with their lives. She described Karl as a happy and hard-working child, who loved school and was deemed to have above average ability.
Dr O'Mahony said Karl's mother and father were "remarkable and stunning" parents and the child was blessed to have them. They had remortgaged their home to bring Karl to the Peto Institute in Hungary on a number of occasions and were modifying their home to suit his needs.
Approving the settlement, Mr Justice Herbert told Mrs Cretzan the family had experienced an immense tragedy for which the courts could never compensate them.
The judge said he was sorry "this terrible thing" had happened and all the courts could do was offer a consolation. He described the parents as "heroic".
The court also heard that Karl's parents have taken separate proceedings against the State seeking appropriate services for him.
Earlier, Dr O'Mahony said that, had the case proceeded, his side was confident they would have won on the issue of causation of Karl's injuries. There was no dispute Karl suffered from cerebral palsy and his side had seen the defence medical reports regarding causation of injuries and was not troubled by them.
His case was that there was nothing of concern in Mrs Cretzan's labour until about 8.35 p.m. on the night of November 10th, 1995, when some abnormalities appeared on the record of the foetal heartbeat and uterine contractions. There was evidence of some foetal distress.
From that time on, the situation should have been carefully monitored but, rather surprisingly, oxytocin was administered. His side would have claimed this was inappropriate and incorrect.
It would also have been claimed that the defendants had caused or permitted the CTG to be removed about 9.30 p.m. but had failed to deliver the baby for some 35 minutes afterwards, which delay caused the baby to be severely asphyxiated at birth. Karl had suffered cerebral palsy of the dyskinetic variety. He was saved because he was resuscitated immediately after birth.
