Man (19) who claimed autism was linked to care at birth settles High Court action
High Court Reporter
A young man with autism who had sued over the circumstances of his birth at South Tipperary General Hospital has settled a High Court action with an interim payout of over €1.5 million.
Brian Naughton, 19, who also has an intellectual disability and is non-verbal, had, through his mother Breda Naughton, sued the HSE over the circumstances of his birth.
Jeremy Maher SC, for the family and instructed by Cian O’Carroll solicitors, said on Wednesday it was their case that as a result of an alleged delay in Brian’s delivery on July 6th, 2006, he was asphyxiated by the umbilical cord and suffered a brain injury.
It was alleged that this brain injury caused Brian to develop an intellectual disability and autism spectrum disorder (ASD).
The HSE had denied events at the hospital caused Brian’s injuries.
Mr Justice Paul Coffey noted liability was contested in a number of aspects in the case.
The judge approved the settlement agreement, including an interim payment of €1.575 million. The case will come back before the courts in five years’ time when the boy’s future care needs will be assessed.
In the proceedings, it was claimed there was an alleged delay in carrying out a Caesarean section and an alleged failure to have regard to pathological features in the CTG trace, which monitors the baby’s heart rate.
The HSE denied a number of claims, but accepted there had been a delay of one hour and 17 minutes in delivering the baby.
The HSE also accepted that the investigation and assessment of the baby in the initial days of life was suboptimal, but it denied that this was causative of injury.
The HSE denied causation in the case and further contended the baby’s genetic condition had allegedly caused his ASD and intellectual disability.
It further put forward that Mr Naughton’s current presentation is caused by his genetic diagnosis.
Mr Maher said that it was his side’s position that there was “no substance” to the HSE’s genetics argument.
