Four year old boy who suffers injuries at birth receives settlement of €2million

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.

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