The High Court has approved a €7.5 million settlement for a teenage boy who sued the HSE over the management of his birth.
Kyle Corcoran, now aged 17, has cerebral palsy and requires permanent care. His case alleged negligence in the management of his birth at St Luke's General Kilkenny Hospital on June 4th, 2003.
The action was brought by Kyle's behalf by his mother Amy Corcoran of Fr Byrne Park, Graiguecullen, Co Carlow. The claims were denied and the settlement was made without an admission of liability.
The settlement was approved at the High Court on Thursday by Mr Justice Kevin Cross.
The judge was told by Aidan Walsh SC for Kyle the action was settled following a mediation, conducted by Declan Buckley SC, between the parties.
In his action, it was claimed Ms Corcoran was admitted to the hospital in Kilkenny on June 4th, 2003, complaining of abdominal pain.
It was claimed she was placed on a cardiotocograph or CTG, used to record the foetal heartbeat and the uterine contractions during pregnancy.
It was claimed there was failure to act when the CTG showed readings of decelerations in the infant’s heartbeat, followed by substantial increases in Kyle’s heart rate. Arising out of those readings, it was claimed steps including expediting Kyle’s delivery should have been taken.
It was claimed Kyle was delivered following clinically unacceptable delay and suffered permanent and significant injuries. Following his birth Kyle was transferred to Waterford Regional Hospital, where he remained in intensive care for two weeks. The court heard, arising out of his injuries, Kyle had to be fitted with a gastrostomy Peg to allow him eat because he has no ability to swallow.
The court also heard Kyle has cerebral palsy, and a moderate learning disability, but has reasonable mobility on his feet.
Counsel said that Kyle is able to play football in his back garden. He has difficulties with his speech, and his communications skills are limited. The teenager has a lack of safety awareness and requires permanent care, close monitoring, and is incapable of independent living. He attends a special school and lives at home with his family, the court heard.
Mr Walsh told the court Ms Corcoran was happy with the settlement, and that an application to make Kyle a ward of court will be made in due course. Counsel said the full value of the claim was about €9 million, but, following the mediation that figure was reduced by just over 17 per cent to some €7.586 million.
In approving the settlement Mr Justice Cross said it was “a good” and “reasonable one” in the circumstances. Had the case gone to trial there was no guarantee that the outcome would have been successful, he noted.
The settlement will provide for Kyle’s future care needs, he said. He also wished Kyle and his family well in the future.