An €11 million settlement has been secured by a teenager with cerebral palsy who sued the HSE over the circumstances of her birth at a hospital in Cork. The settlement was made against the HSE without admission of liability.
Margaret Hurley (18) has spastic quadriplegia, cannot speak and has to use a wheelchair. Mr Justice Kevin Cross was told by Ms Hurley's counsel that her parents were not told of any alleged issues around her birth.
It was only five years ago, after they saw reports of another court case, that they contacted a solicitor and initiated legal proceedings.
In a statement outside court, the family said, if they knew of any alleged issues earlier, they could have have brought a case and accessed funds for much needed therapies for Margaret.
Ms Hurley, of Lisheen, Church Cross, Skibereen, had, through her mother Claire Hurley, sued the HSE over the circumstances of her birth at Erinville Hospital, Western Road, in March 2000.
It was claimed that there were failures to calculate the estimated date of delivery adequately; to monitor Mrs Hurley’s blood pressue on February 28th, 2000; to admit Mrs Hurley for observation and to induce the labour at an earlier point in time. The claims were denied.
Miscalculation
Liam Reidy SC, for the family, said there was a significant miscalculation of the mother’s estimated due date and the pregnancy allegedly overran.
He said Mrs Hurley attended the hospital on February 28th, 2000, and her blood pressure was found to be elevated.
She was advised she was at term, plus 11 days gestation, and advised to return on March 2nd for an induction of labour. It was their case she should have been kept in hospital and her blood pressure monitored, counsel said.
Had that been done, Mrs Hurley would have been induced and none of the alleged mishaps would have occurred. When she returned to hospital, Mrs Hurley’s blood pressure was “through the roof”, Mr Reidy said.
When Margaret was born, she was in a poor condition and remained in hospital for some time. Mrs Hurley told the court she had given up her teaching job to care full time for her daughter.
She said Margaret was alert and had her own way of communicating with the family. Her daughter had not received the therapies she required down the years because of lack of funds and the settlement will now help provide these, she said.
“I have to do everything for her. We are happy with the settlement ,” she added.
Mr Justice Kevin Cross approved the settlement and wished the family well for the future.