Mediation leads to €5m settlement in case of boy with cerebral palsy
AN eight-year-old boy with cerebral palsy who sued over the circumstances of his birth at Sligo General Hospital has settled his High Court action for €5m.
The settlement in the case of Kyle Carpenter took place after mediation talks. Outside court, Kyle’s solicitor, Roger Murray, said mediation had to be the way forward in cases such as this.
“Some 26 expert witnesses were lined up to give evidence before the court for either side, with the case set to run for several weeks from the beginning of May. Through mediation, however, the action was settled. This is exactly the type of case that the mediation process was designed for,” he added.
Kyle, of Gort na Sí, Coolaney, Co Sligo, sued the HSE through his mother, Lisa Kiely, over the circumstances of his birth in May 2009.
It was claimed that on May 1, 2009, Ms Kiely went to Sligo General after she had pain. A cardiotocography (CTG) trace was normal and reassuring and she was advised she was not in labour, it was claimed. She was allegedly discharged after less than an hour.
It was claimed she had further pains the next day and felt the baby kicking. On May 3, it was claimed Ms Kiely woke up and did not feel any movements and had no pains.
She went back to the hospital and was attached to a CTG trace. It was claimed she was allegedly advised the heartbeat was high and there was nothing to worry about.
It was claimed the CTG on May 3 was pathological from the outset, and that at 2.10pm it was allegedly noted there had been no recorded foetal movements.
Kyle was delivered by caesarian section at 3.37pm.
It was claimed there was a failure to have immediate regard to the CTG trace started on May 3 and an alleged failure to deliver the baby at the earliest opportunity.
The HSE admitted a breach of duty for failing to deliver Kyle by 2.38pm on May 3 but denied all other claims.