Parents of child in €7m HSE case say apology is too little to late
THE parents of a seven-yearold girl with cerebral palsy have dismissed the HSE’s apology for failures at her birth as ‘too little, too late’.
Katie Manton yesterday settled her High Court case against the HSE for €6.75million in damages, plus legal costs.
She had sued through her father, Raymond Manton, of Dualla Road, Cashel, following a dmitted negligence when she was born at South Tipperary General Hospital on September 17, 2008.
Judge Kevin Cross, who approved the settlement, was told by Katie’s counsel Michael McGrath SC, that the case involved ‘the inadequate management of her mother’s labour and the excessive delays in delivering the child’.
He said that Katie had suffered from a lack of oxygen to her brain prior to her delivery, and that she now has cerebral palsy, with very severe and permanent disabilities.
The court was told that ‘urgent action’ was indicated by readings of the baby’s heart rate at 12.05pm on the day she was born, but that her mother Aoife Manton was not referred to the operating theatre for a C- section until 2.30pm, and Katie was not delivered for a further 30 minutes. A more timely delivery would have prevented any permanent damage from occurring to Katie, the court heard.
Katie’s mother was subsequently told that the delay in bringing her to theatre was because another patient with twins was having a Csection at that time, court papers stated.
It was claimed there was no protocol at the hospital to cope with the need to carry out two C- sections at the same time.
Mr McGrath said Katie’s parents had taken the action to secure the best future possible for their child, noting that they had bought a site in Cashel where they planned to build a new house, suitable for Katie’s needs.
An apology was read to the court by counsel for the HSE, Murray McGrath SC. Hospital manager Grace Rothwell had written: ‘On behalf of South Tipperary General Hospital, I wish to express our sin- cere, unreserved apologies for the failures that caused the injuries to Katie Manton and the tragic outcome.
‘I would also like to take this opportunity to assure you that valuable lessons have been learnt by the hospital and its staff.’
Judge Cross said he would approve the settlement, and added that Katie’s parents were heroes for their care of their daughter.
Speaking outside court, Mrs Manton said: ‘We are relieved that this case is now finished. It has been a very difficult time for the family.
‘Since Katie’s birth in 2008 we have tried to do our best for Katie with limited means and resources. It is regrettable that even though the HSE admitted liability in these proceedings, it was not until today that there has been a semblance of an apology or an expression of regret from the HSE for its admitted negligence and failures.
‘In light of the circumstances surrounding our daughter’s birth, and with regard to issues that remain to be addressed, it is simply too little, too late.’
She continued: ‘The failures on the part of the HSE and South Tipperary General Hospital have affected the lives of everyone in our family, and more particularly our wonderful daughter Katie, whom we all love dearly and of whom we are very proud.
‘After seven years we now have the opportunity to provide Katie with the very best of care and assistance, to which she is entitled.’
Mrs Manton thanked her legal team, as well as her family and friends for their love and support over the past seven years.
‘Unreserved apologies’