HSE agrees €4.6m pay-out for boy left brain-damaged
HSE has apologised and made a €4.6m interim payment to a boy who brought a High Court medical negligence claim over the circumstances of his birth at Cavan General Hospital.
Tadhg McKenna, who has cerebral palsy and requires constant care, had sued the HSE for alleged negligence and breach of duty of care during the course of his delivery on August 31, 2017.
Liability had previously been conceded over breach of duty but causation was at issue.
That aspect of the claim was due to be heard by the High Court later this year. However, following out-of-court talks the matter was resolved.
As part of the settlement, an apology was read before the High Court yesterday where Cavan General Hospital and the HSE “unreservedly apologised for the failings in care that caused the injuries sustained by Tadhg at birth, and the consequential upset suffered” by the McKenna family.
The statement said the hospital and the HSE understood “neither this apology, nor the financial compensation granted by the court could negate the continuing distress and upset” endured by the McKennas “on a daily basis”.
The court heard that Tadhg, of Sruth An Mhuillinn, Emyvale, Co Monaghan, who had sued through his mother Emma McKenna, suffers with seizures, respiratory attacks and fevers and requires constant care and monitoring.
His counsel, Jerry Healy SC, said the family was happy to accept what was a good offer.
The HSE agreed an interim payment of €4.6m should be made to provide for Tadhg’s care. His case will return before the court in 2025.
Counsel said the family view is that every day was a battle for survival for Tadhg, who had suffered very severe injuries.
Counsel added the McKennas are dedicated to Tadhg. His father, Damien, spends almost 24 hours a day with him, and Tadhg’s younger sibling had formed a very strong bond with him.
The compromise of the proceedings was welcomed by Mr Justice Kevin Cross, who after approving the award praised the McKenna family for the care they have given Tadhg.
In his action against the HSE, it was claimed that Tadhg was born suffering from severe asphyxia and had to be resuscitated.
It was claimed his mother’s labour was allowed to continue for more than 16 hours and there was an alleged failTHE ure to appropriately monitor her during labour and delivery.
It was further claimed that there was an alleged failure to monitor the foetal heart rate.
In addition, Tadhg had sought exemplary or aggravated damages over the alleged involvement of Dr Aamir Iqbal Malik, who had been the subject of a disciplinary investigation in the UK, in his birth.
Dr Malik was suspended from the medical register in Ireland by the High Court in May, pending further order.
It was claimed that he had neither the professional capacity nor the competence to provide such care either at all or without appropriate supervision to Tadhg.
In a statement read outside court, Emma and Damian McKenna, who were not present in court, said they appreciated the fact the HSE had “finally admitted liability for the substandard care” provided to Tadhg and his mother.