C-section boy wins €2m settlement
Emergency procedure was deemed unnecessary
A BOY who was born prematurely after an unnecessary Caesarean section has been granted a €2.2million settlement.
Adam Aylward has cerebral palsy, which it i s claimed stemmed from complications following his premature birth at Waterford Regional Hospital at j ust 29 weeks gestation in December 2003.
The nine-year-old sued the HSE South East through his mother, Deirdre.
The High Court was told by Liam Reidy SC, for the Aylwards, of Knocktopher, Co. Kilkenny, that despite his difficulties, Adam was a great joy to his mother and father, Patrick.
‘Mr Aylward has said that if he was offered a child who was able to run around with a ball and hurley in his hand, he would not swap him,’ he said.
High Court j udge Mr Justice Kevin Cross ruled in June that there was negligence on the part of the HSE in deciding to perform the Caesarean section following an incorrect diagnosis of placental abruption following a bleed during the birth.
In this condition, which can be extremely dangerous to mother and child, the placenta separates from the uterus.
But after Adam’s birth, the doctor’s notes recorded that no large abruption was seen. The case was set to continue in further modules relating to whether this C-section led to Adam’s injuries.
It had been said that after Adam was born on December 5 there were early signs of low blood pressure that required drug assistance, ventilation and therapy.
He was weaned off the ventilation, and on December 11 a heart murmur was noted and a further drug was administered to assist the closure of the heart valve.
The sodium l evel i n Adam’s blood then dropped and this was not noticed, which caused his brain cells to fail to develop, it was alleged.
It was argued that Adam had been unnecessarily exposed to the dangers of a premature birth, and that medics had failed to properly monitor him after birth.
However, Mr Reidy told Ms Justice Mary Irvine that a settlement had been offered in the case of €2.2million including past care, general damages, and future care for the next two years.
After that time, the case will return to the High Court, by which time it is hoped legislation will have been enacted, allowing for periodic care payments to look after Adam throughout the rest of his life.
Mr Reidy said it had been a very difficult time for the Aylwards.
He remarked: ‘It has been a long journey for them, and they have had to endure the anxiety of a ten
‘It has been a long journey’
day hearing. But it is a great credit to them that they pursued this on Adam’s behalf.’
Judge Irvine approved the interim settlement and gave judgment for €2,206,000 in favour of Adam.
She said: ‘The settlement is one which really protects Adam’s best interests going forward.’
She added: ‘Compensation can never give Adam back what he should have had in terms of physi cal and mental health, but it terms of how we provide for Adam i n the f uture, this i s the best future for him.’