Shauni Breen, a 20-year-old woman with cerebral palsy, has been awarded a €1.9m birth negligence pay out from the HSE due to the events surrounding her birth.
The High Court was advised that Ms Breen was delivered approximately 40 minutes after her Nicole, her healthy twin sister in Wexford General Hospital. She (Ms Breen) suffers from cerebral palsy, spastic diplegia and must use a wheelchair.
Ms Breen, who now live in Co Cork, took the legal action against the HSE over the circumstances of her December 30, 1997 birth. When the twins were 33 weeks and three days, it was claimed that their mother Marie Foley was admitted to Wexford General Hospital at 5am. Following this Nicole was delivered healthy at 6.10am.
It was alleged that that the management of the subsequent delivery of Shauni, which lasted for 40 minutes, was incompetent. As well as a failure to have an anaesthetist at the delivery a qualified team should also have been ready and prepared, it was argued. Due was due, it was argued, to the failure of those present to see that this was a high-risk labour.
In the Hight Court HSE refuted these claims and countered that manner of Ms Breen’s delivery complied with general and approved practice at the time in 1997. They (the HSE) claimed that the treatment adhered with conventional medical practice for a district hospital maternity unit at the time.
As Ms Breen had an abnormal presentation she should have been delivered by caesarean section within 15 minutes of her sister, her legal representatives argued.
They advised the Hight Court that Ms Breen had to be resuscitated before being moved to another hospital.
Counsel said the young woman was now doing well in her life and the day to day provided by her mother throughout her life had been of an extraordinary level.
Ms Breen is due to come back to court in five years’ time when her future life care needs will be re-assessed. Mr Justice Kevin Cross approved the €1.9m interim settlement.