Cork woman settles case against HSE over circumstances of her birth
High Court reporters
A 25-year-old Cork woman with cerebral palsy who sued over the circumstances of her hospital birth has settled her action against the HSE for a total of €35.2 million.
The settlement in the case of Shauni Breen from Togher, Cork is the highest ever pay out in a personal injuries case alleging injury at birth.
She had sued the HSE over the circumstances of her birth at Wexford General Hospital in 1997. The settlement is without an admission of liability and the amount will be paid out in stages.
Mr Justice Paul Coffey approved a final settlement package of €33.25 million for the young woman in the High Court on Tuesday which, along with an interim payment of €1.95 million five years ago, brings the total final settlement in the case to €35.2 million.
Her counsel, Dr John O’Mahony SC with Cian O’Mahony BL, told the court it was a very sad and tragic case. Counsel said there was a lapse of 40 minutes between the delivery of Shauni and her twin sister, and that she suffered profound disabilities.
Counsel added that Ms Breen is "a very much loved and adored member of her family".
"Shauni is the light of the family’s life. Her family deserve the greatest compliments and they all dote on Shauni," Counsel said.
He noted the settlement is the highest ever in the High Court in this jurisdiction.
Birth
Shauni, who is one of twin girls, was born about 40 minutes after her healthy twin sister. She has cerebral palsy, spastic diplegia and uses a wheelchair, counsel told the court.
Ms Breen, from Togher, Cork City, had sued the HSE over the circumstances of her birth in 1997.
It was claimed on December 30th, 1997, when the twins were 33 weeks and three days, that their mother, Marie Foley, was admitted to Wexford General Hospital with contractions at 5am. Shauni's infant twin, Nicole, was born healthy at 6.10am.
It was further claimed that the second stage of labour for Shauni lasted 40 minutes and it was claimed the management of her birth was allegedly incompetent.
There was, it was claimed, an alleged failure to have an anaesthetist present for the birth and there was an alleged failure to have a full team in attendance ready and prepared for every eventuality.
It was further claimed there was an alleged failure to recognise it was a high risk labour.
All the claims were denied and the HSE contended the management of the birth complied with general and approved practice and the treatment was entirely consistent with optimum, conventional medical practice in a district hospital maternity unit in 1997.
At a previous hearing, Dr O'Mahony told the court the baby had an abnormal presentation and his side contended she should have been delivered by Caesarean section within fifteen minutes of her sister.
He said Shauni had to be resuscitated after her birth and was transferred to another hospital.
Counsel said the young woman is doing well, with Dr O'Mahony adding that the care given by her mother throughout the years was extraordinary.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and conveyed his best wishes to Shauni and her family.
