Landmark €7.25m case links difficult birth to young teen’s autism
Parents and hospital agree settlement for Finn, 13
A LANDMARK case in which a 13-year-old boy’s autism was linked to his difficult birth has been settled for €7.25million in compensation.
Finn Phillips’ High Court action was to have been regarded as a test case for others who believed their autism was a result of problems experienced during their delivery.
His counsel, Jeremy Maher SC, told Judge Kevin Cross: ‘We say he is on the spectrum as a result of issues which arose during the course of his birth at the National Maternity Hospital.’
He said the claims had been denied by the hospital, but the case taken on Finn’s behalf by his mother, Lisa Marie Murphy, had been settled following mediation between the two sides.
Mr Maher asked the court to approve the agreed €7.25million, which included general damages as well as the cost of future supervisory care, assistive technology and therapies for Finn, who is not expected to be able to work as an adult.
Giving the background to the case, counsel said: ‘This was, as the court would hear from the experts, a traumatic birth for both Finn and his mother.’
He said Finn, from Village Road, Lusk, Co. Dublin, was born after a prolonged labour at the Holles Street hospital on July 30, 2005.
He said it was alleged that the hospital staff failed to act upon readings of an abnormal foetal heart rate between 2.30pm and 5.30pm that day.
‘Rather than proceed as ought to have been the case, with a Caesarean section, there was a delay, and in addition to the delay there was a decision to move to delivery using ventouse.’
It was said Finn was subject to excessive traction during the hospital’s attempt to deliver him, and that he had suffered a lack of oxygen to the brain during his birth.
Mr Maher said he had been born after 7.30pm in a limp and unresponsive condition, and had required immediate resuscitation.
Judge Cross asked: ‘And your case is that the difficult labour and the protracted birth was the cause of the autism?’
‘Yes,’ Mr Maher replied. ‘It would have been a test case.’
He said the causes of autism were said to be multifactorial, but said Finn’s legal team had examined his case closely, and believed they had ‘supporting material’ to back their claim.
‘The defendant had material to disabuse the case,’ he added.
He said such a claim had never been made before in court in Ireland or Britain. He said Finn’s ‘very supportive’ parents were happy with the €7.25million offer.
Mr Maher added: ‘Finn is about to make the difficult transition from primary to secondary school. He is going to require help and supervision for the rest of his life, and probably he won’t hold down a job. His mum is optimistic that maybe he and she can work together at some stage.’
He said that Finn had acquired excellent skills at design using computers.
Judge Cross concluded that if a full hearing of the case was heard, Finn could succeed in proving that there was negligence at the time of his birth.
However, he added that if Finn was unable to convince a judge about the link to his autism, he could receive substantially less in compensation than the amount offered by the hospital to settle the case. ‘The claim regarding his present condition is one which has never been heard in the courts before. That is not to say it would fail. Every legal principle starts as a novelty,’ he said.
‘I have heard Mr Maher and the case you want to make. It is a case which is doubtful, and might well not succeed.
‘And if it were to succeed here, undoubtedly the defendants would appeal to the Court of Appeal and possible even to the Supreme Court.
‘In in the circumstances, I have no hesitation in approving the €7.25million settlement of the case... I am glad to hear you have been spared the onus of litigation and the difficulties involved.
‘I wish Finn and his family all the best into the future.’
Speaking outside court, Finn’s mother said: ‘I would like to say, that if you suspect that autism was caused or related to an injury sustained in your delivery, then what was achieved here today may also be possible for yourselves.’
She said Finn was in school for his sports day, adding: ‘He’s a wonderful boy. He would have been a fantastic man had everything gone according to plan, unfortunately it didn’t.
‘But now we can make strides to make him be the best man that he can be.’
She said the settlement meant that she no longer had to worry what would happen to Finn after she and her husband passed away, and that he could access private therapies and healthcare.
Her solicitor Cian O’Carroll said: ‘Obviously the magnitude of the settlement reflects the strengths of the arguments that were there, and the level of threat, in a sense, that the case presented.
‘The State looked at this in a very reasonable way, through mediation, and I think all the parties were happy with the outcome.’
Finn was born after prolonged labour
The payment has removed worry