€8m birth injury award for girl but it could rise to €55m
THE High Court has awarded an interim €8million to a nine-year-old girl for a botched delivery of her at birth that left her with lifelong mental and physical disabilities.
That payment is solely to compensate Caitlin Twomey for the next ten years and the hospital must return to court for an additional settlement in 2031 – with the overall award likely to be €55million.
This would represent the largestever Irish birth-injury settlement.
A legal source said the figure is an estimate and has not yet been agreed between the two sides.
It follows lengthy mediation between Cork University Maternity Hospital (CUMH) and the Twomey family, who live in Ballincollig, Co. Cork.
Caitlin and her mother Michelle were in court to hear Judge Paul Coffey sign off on the settlement.
The hospital accepted it was mistaken to continue using a hormone to stimulate contractions during Caitlin’s birth. The treatment slowed down her heartbeat and left her blue and limp when she was born.
Caitlin was born on December 13, 2011, with a severe brain injury, and she is physically disabled.
The court heard that, one minute after her birth, Caitlin had an Apgar score of just three out of ten. The Apgar score is a test given to newborns that includes measuring the heart rate, muscle tone and other indicators.
Ten minutes after her birth, Caitlin’s Apgar score was just six out of ten, well below what would be expected for a healthy baby.
Dr John O’Mahony, senior counsel for the plaintiff, said yesterday’s settlement would provide for Caitlin’s needs until she is 19, when her family will return to court for an additional payment.
He said the total settlement for the duration of Caitlin’s life would be about €55million and that it was the highest-ever such settlement. He also called for a new law to link interim payments to the rising cost of care workers, medical equipment or other costs.
Earlier, he told the court that Caitlin has cerebral palsy and that her carers will struggle with medical costs for the rest of her life.
Judge Coffey praised the heroism of Caitlin’s mother and said she had given ‘inspirational’ care to her daughter. The Twomey family said they hoped Caitlin’s quality of life would now improve.
An apology from the CUMH clinical director Professor John Higgins was read out in court.
‘On behalf of CUMH, I would like to apologise unreservedly to you and Caitlin and family for the lifechanging injuries caused to Caitlin at the time of delivery in CUMH on December 13, 2011,’ it said.
‘We know that Caitlin, you and your family have faced enormous difficulties since these events, and we want to express our sincere regret to Caitlin, you and your family for what has happened.’
Anne Marie Donnelly, the Twomey family solicitor, told reporters she welcomed the settlement but said it was a pity that it took so long for the hospital to admit liability.
‘Want to express sincere regret’