A seven year old boy, who was born with spastic cerebral palsy due to the negligence of nursing staff prior to his delivery, has had a partial settlement of almost £830,000 for medical negligence at birth injury approved in the High Court
Shane Kenny, was suing the health service through his mother Catherine, due to alleged negligence in the time leading up to his birth on November 2nd 2004.
In the legal action, the judge heard that there had been a failure to act on the results of a cardiotocogragh trace (CTG) which showed that the boy’s foetal heart rate was abnormal. Consequently, Shane was delivered using forceps, which lead to a partial hypoxic event.
The court was advised that, although Shane can attend mainstream education, he is not expected to sit State exams and will never be capable of independent living.
Liability for his (Shane’s) birth negligence injury was admitted by the health service, and an interim award settlement of nearly £830,000 had been agreed between the parties to cover past costs and expenses, and to provide care and education for Shane for the next two years.
While approving the birth negligence settlement, the judge said that he hoped legislation would be introduced within the next two years to facilitate periodic payments to those who had suffered catastrophic injury. The birth negligence award does not take into account for Shane’s future loss of earnings, which will be decided upon in a hearing to be scheduled next year.