Woman set­tles ac­tion over birth for €8.5m

The Irish Times - - Home News -

A young woman who sued over the cir­cum­stances of her birth at Wex­ford Gen­eral Hos­pi­tal has set­tled her High Court ac­tion for €8.5 mil­lion.

Shannon O’Far­rell-Mol­loy, now aged 20, has a brain in­jury but can walk and talk and has come on ex­tremely well in re­cent years, the court was told.

Out­lin­ing her case yes­ter­day, her coun­sel Bruce An­to­niotti SC told Mr Jus­tice Kevin Cross in the days be­fore her de­liv­ery ev­ery­thing was nor­mal.

Foetal heart­beat

Their claim in­volved al­leged fail­ure to mon­i­tor the foetal heart­beat be­tween 8am and 9.10am on the day she was de­liv­ered.

Shannon was born at 9.30am on July 18th, 1997, he said. Once it was dis­cov­ered some­thing was amiss, ac­tion was taken quickly and there was no crit­i­cism by his side in re­la­tion to that, coun­sel said.

Li­a­bil­ity was at is­sue in the case and a full de­fence was filed by the HSE, he added.

He said Ms O’Far­rell-Mol­loy was able to walk and talk, has great am­bi­tions for her­self and has the de­voted care of her fam­ily.

Her mother, San­dra, told the court she was happy with the settlement and the young woman also said she was happy with it.

Ap­prov­ing the settlement, Mr Jus­tice Cross said it was a very good one, and that Ms O’Far­rell-Mol­loy now has all the sup­port she needs into the fu­ture.

Ms O’Far­rell-Mol­loy, of Kayle, Foulksmills, Co Wex­ford had, through her mother, San­dra Maguire Mol­loy, sued the HSE over the cir­cum­stances of her birth at Wex­ford Gen­eral Hos­pi­tal on July 18th, 1997.

It was claimed Shannon’s mother was ad­mit­ted to the hos­pi­tal the day be­fore the birth, and mon­i­tor­ing of the foetal heart­beat with CTG (car­diotocog­ra­phy) com­menced.

It was claimed that, on the day the child was born, there was fail­ure to mon­i­tor the foetal heart beat be­tween 8am and 9.10am, and fail­ure to ad­e­quately or at all man­age the labour and de­liv­ery.

It was fur­ther claimed the baby was de­liv­ered far too late.

The claims were de­nied.

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