A four year old boy who suffered brain injuries during his birth at Waterford Regional Hospital has settled his action and was awarded over €2 million in interim payments for the next five years.
Through his mother, Kevin Dunphy-English sued the HSE for injuries he allegedly sustained during his birth at the Waterford Regional Hospital on 9th July 2010. It was claimed that he had suffered significant brain injury during his delivery.
Dr. John O’Mahony, SC for Kevin, told the High Court that if Kevin had been born one hour earlier he would have been saved injury.
It was claimed that Jane Dunphy was admitted to hospital on the evening of 8th of July 2010. A foetal blood sample was taken at in or around 1.40am and this was not repeated despite the deterioration of the CTG trace, it was alleged. Kevin’s side contended that had the blood sample been repeated it may have prompted a decision to intervene earlier in terms of delivery.
Dr. O’Mahony told the court that the case was before the court for assessment of damages only as the HSE had accepted in 2013 that it was in breach of their duty to Kevin in the management of his birth.
Counsel said that Kevin was seriously neuroglogically compromised and was in intensive care for the first 24 days of his life.
What our Clients say:
K.D. Dublin 07/07/2013
“I was very happy with the services of Tiernan & Co, and in fact have recommended their services to two friends since my claim settled.”
S.M. Louth 20/01/2013
“When I was involved in a road traffic accident, I was unsure what to do. From the first time I contacted Tiernan & Co Solicitors until my case was finalised all members of staff kept me updated. They kept things simple, so it was easy for me to understand all aspects of my claim.”
N.G. Dublin 2 01/12/2012
“Mark and his staff main priority are their clients, I couldn't recommend this firm enough.”
S.D. Meath 04/10/2012
“I have been a client of Tiernan & Co for years now, Mark has dealt with my house purchase and sale, the probate of my fathers estate and a personal injury case on my behalf. Mark offers a highly professional service with a personal touch. I would recommend Mark to anyone in need of legal advice.”
F.B. Dublin 6 03/05/2010
“Any queries I had in relation to my personal injury claim were answered promptly and in a professional manner and in the end the compensation I received exceeded my expectations.”
C.B. Wexford 02/03/2013
“I always felt that the staff in Tiernan & Co had time to listen to me and respond to any question I asked. As a client I felt I was a priority.”
D.B. Dublin 13 01/08/2012
“As it was my first time claiming, I was unsure what to do. Mark and the staff at Tiernan & Co helped me through every stage of the process and answered any question I had, no matter how silly it sounded! To be kept updated throughout the whole claim made it much easier for me and in the end I couldn't have been happier with the outcome.”