Courts

Boy (10) who requires 24-hour care settles action over birth management for €1.6 million

Jakub Sutor has the most severe form of cerebral palsy and cannot sit or stand

The settlement was reached after nine hours of mediation, Mr Justice Paul Coffey was told, and there was a significant issue as to causation in the case.
The settlement was reached after nine hours of mediation, Mr Justice Paul Coffey was told, and there was a significant issue as to causation in the case.
Fri Nov 04 2022 - 15:25

A 10-year-old boy with cerebral palsy who sued over the circumstances of his birth at Wexford General Hospital a decade ago has settled his High Court action for €1.6 million.

Jakub Sutor has the most severe form of cerebral palsy, cannot sit or stand and requires 24-hour care, the court heard.

The settlement was reached after nine hours of mediation, Mr Justice Paul Coffey was told, and there was a significant issue as to causation in the case.

Bruce Antoniotti SC, counsel for the boy suing through his mother, said it was their case that when the mother was in Wexford General Hospital on December 26th, 2012, there were “ominous signs” in relation to the baby’s heart rate monitor which should have triggered some action.

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Counsel said it was their case that Jakub should have been delivered about an hour earlier to avoid the foetal distress. It was contended this would have led to him having better mobility and intellect.

Jakub Sutor, who now lives in Poland, had sued the HSE through his mother Justyna Pieczara over the circumstances of his birth at Wexford General Hospital on December 26th, 2012. At the time of Jakub’s birth his family lived in Co Wicklow but they have since moved back to Poland.

It was claimed there was a failure to properly manage and monitor the labour, delivery and birth of the baby and to intervene in the mother’s labour in an appropriate, prompt or timely manner.

A breach of duty is admitted in relation to the management of the birth, but Mr Antoniotti told the court causation was at issue in the case. Experts for the HSE contended that any damage occurred prior to the onset of labour and probably about 18 hours before delivery.

Approving the settlement, Mr justice Paul Coffey said it was a very sad and tragic case. He said there were very grave and overwhelming issues in relation to causation and he was satisfied the settlement was fair and reasonable.