Young girl receives nearly €4 million in a settlement for failure to treat

Through her mother, eight year old Caoimhe Flood, who has cerebral palsy and is severely brain damaged, took an action against the Retunda Hospital over the management of her birth in 2006.

It was claimed that Caoimhe’s mother Marlis Flood attended the hospital in February 2006 and tests were carried out due to the her having a four day history of ante partum haemorrhage associated with abdominal pain. She was discharged and continued to attend the hospital. Mrs. Flood was an inpatient from March 30th to April 2nd because of her abdominal pain. On the 3rd April it was claimed that Marlis returned to the hospital for a scan and complained of other matters. It was alleged that this scan was not carried out, notwithstanding the symptoms she complained of and she was discharged.

Marlis returned the following day suffering from increased abdominal pain and it was claimed that a further examination found that she was dilated with Caoimhe being born later that evening.

On behalf of Caoimhe, her mother Marlis made a claim for failure to treat, alleging that Caoimhes’ birth injuries could have been avoided if the hospital responded promptly to her history of ante partum haemorrhage and abdominal pain.

These allegations were denied by the Rotunda Hospital. The hospital agreed to a €1.3 million interim settlement of compensation for a failure to treat without an admission of liability in 2012 and a further payment of €2.6 million will be paid representing a final settlement of her case. This settlement was also made without the admission of liability.

Mr Justice Bernard Barton heard how Caoimhe needs full time care and that she is a spastic quadriplegic He also heard how she was fed through a tube during the first year of her life. The judge approved the final settlement of €2.6 million and said that he was relieved for the child’s parents and family that the litigation had come to an end.

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