Initial payout of €2.1m for cerebral palsy boy who sued HSE

A boy with cerebral palsy who sued in relation to his birth at a Limerick hospital has settled his High Court action with an initial payout of €2.1 million.

Rory Pender has spastic quadriplegic cerebral palsy. He can walk without assistance but has difficulty jumping and only learned to run in the last few years, the court heard.

From Kildysart, Ennis, he, through his mother Catherine, sued the HSE over the circumstances of his birth at St Munchin’s Regional Maternity Hospital, Limerick in 2009.

Alistair Rutherdale, for Rory, said the action settled after mediation this month over Zoom video conference when liability was conceded.

Counsel, instructed by O’Connor Johnston solicitors, said their case was Rory should have been delivered substantially earlier.

An expert on their side had concluded the baby should have been delivered at 1am but he was born one hour and 49 minutes later on May 1st, 2009.

The settlement includes an advance payment of €1.2 million to meet care needs, plus €500,000 general damages and €400,000 in past special damages.

The boy’s future care needs will be assessed when the case returns to court in five years’ time.

Medical assessment

In his action, it was claimed there was an overstimulation of labour by use of oxytocin and a failure at a much earlier stage to stop the oxytocin infusion and carry out a medical assessment and do a foetal blood sample.

On the balance of probabilities, it was claimed these would have led to an emergency Caesarean section or instrumental delivery.

It was alleged there was failure to recognise the cardiotocography (CTG) abnormalities and to have adequate CTG training for staff at the time.

The baby, it was claimed, suffered hypoxia during the latter stages of labour. And soon after birth he showed evidence of respiratory distress and hypoglycaemia.

After an MRI scan on January 7th, 2010, when Rory was seven months old, his mother was advised for the first time he might have a brain injury. He was subsequently diagnosed with cerebral palsy. He cannot speak but attends school and has a special needs assistant.