A seven-year-old girl with cerebral palsy who sued over the circumstances of her birth at a Galway hospital has settled her High Court action against the HSE for €6million without admission of liability.
Faye Walsh, Mr Justice Kevin Cross was told, has spastic quadriplegia, is non-verbal and can only communicate with her family by making noises and smiling. She is a full-time wheelchair user and will require 24-hour care for the rest of her life.
The settlement is against the HSE.
The case had also been brought against two consultant obstetricians - Dr Una Conway and Dr Declan Egan - but the case against them was struck out by the court. They had denied any liability in the matter.
Denis McCullough SC, for Faye, told the court on Friday his side’s case was that an obstetrician should have been notified earlier and the vacuum assisted delivery of Faye at University Hospital Galway on August 15th, 2011, should have been done earlier.
Outside court, solicitor Michael Boylan said it was the end of a two-week trial and a four-year battle for the Walsh family.
Faye’s parents had done a brilliant job “fighting tooth and nail” for their daughter and taking care of her, he said.
Since she turned six, there was a deficit of support for Faye and a shortage of resources, he said
“Mum and Dad were absolutely heroic in filling that deficit, they are to be commended,” he said.
The settlement, he added, will make an enormous difference to Faye’s life.
“She will be able to get all the assisted technology she can use and the therapies and hydrotherapy. She loves water and can move freely in it,” he added.
Faye, through her mother Martina Walsh, of Letterfrack, Co Galway, sued the HSE and the two consultant obstetricians, alleging negligence and breach of agreement in relation to her birth at the Galway hospital.
The defendants denied all claims.
The case against Dr Una Conway and Dr Declan Egan, who operate private medical practices at Brooklawn Practice, Brooklawn House, Galway West Business Park, and also practice as consultants in the Galway hospital, was stuck out. Mrs Walsh had attended Dr Conway as a private patient during her pregnancy.
It was claimed by the Walsh side, despite alleged requests from Mrs Walsh and her husband, neither of the defendant obstetricians were called to the hospital when or after Mrs Walsh went into labour at about 11pm on Sunday August 14th, 2011.
Another on-call hospital obstetrician was contacted and Faye was delivered at 4.55 am, but was in a very poor condition and required immediate resuscitation.
Approving the settlement Mr Justice Kevin Cross said it was a good one and Faye will now be able to have the care and therapies that the money can provide.