€35,000 Infant Wrongful Death Compensation Awarded to Family of Tragic Boy


At the High Court the Coombe Women and Infants University Hospital has been direct to pay €35,000 in wrongful death compensation to the family of an infant boy, who died a few hours after he was born.

Rory Jason Sweeney Butler died on November 19 2015 shortly after he was born at the Coombe Women and Infants University Hospital. His parents, Assumpta Sweeney and Jason Butler, sought compensation in relation to alleged wrongful death of their child and the nervous shock that they both experienced in the months following his death.

The couple claimed that their son died due to hospital negligence. Their legal representative in court, Richard Kean SCinformed that court that the case arose out of what the untimely and “very tragic” death of the infant Rory.

Mr Justice Robert Eager was informed that liability had been accepted by the defendant in the legal action. Justice Eager gave his approval for the the statutory compensation award. As a result of this the compensation will be transferred to Rory’s parents and siblings who live in Drimnagh, Dublin 12.

There have been a number of large compensations awards for medical negligence at birth awarded against the Dublin maternity hospital over the last ten years or so. During 2013 a case of dyskinetic cerebral palsy was found to have been caused by negligence at the time of birth in the hospital. As a result the hospital had to pay a dyskinetic cerebral palsy medical negligence compensation claim to the parent of the the then -10–year-old boy.

€15,000,000 injury compensation was awarded to Donegal native Eoin McCallig and his parents due to the injuries he sustained his birth. These injuries were caused by Eoin being deprived of oxygen at birth. Previous to this Dara Brennan was awarded €65,000 birth injury negligence as a result of the a facial injury he sustained at the time of his birth on November 12, 2009.