Girl (14) with cerebral palsy settles action against Coombe Hospital for €6.75m

High Court reporters

A 14-year-old girl who sued over her care around the time of her birth at The Coombe Hospital in Dublin has settled her court action for €6.75 million.

Carly Flynn has cerebral palsy, uses a wheelchair and has a mild learning disability, the High Court heard.

The girl's counsel, Sara Antoniotti SC, instructed by solicitor Dolores Gacquin, said an issue in the case was the eight and a half hours prior to the delivery of the baby girl by emergency caesarean section in October 2010.

The settlement, which was reached after mediation, is without an admission of liability. Ms Antoniotti said there were significant liability issues in the case and all of the claims were denied.

Ms Antoniotti told the court that Carly had a seizure at four months old. An MRI one month later showed features of a brain injury.

She said experts on their side felt there were alleged signs that the mother was suffering from chorioamnionitis, an infection of the placenta and amniotic fluid on October 5th, 2010 and while they were subtle signs, it was their case Carly should have been given antibiotic by 6.15pm.

Ms Antoniotti said Carly's mother was only 20 years old when she gave birth to her daughter and has given her devoted care all her life. She said Carly is unlikely to ever work but wants to be a podcaster.

Carly Flynn, from Monksland, Athlone, Co Roscommon, had through her mother, Amanda Flynn, sued The Coombe Women and Infants University Hospital, Dublin.

Ms Flynn had been transferred to the Dublin hospital in August 2010 for the duration of her pregnancy until delivery.

In the proceedings, it was claimed there was a failure to recognise, heed or properly respond to alleged significant signs suggestive of chorioamnionitis, which is an infection of the placenta and the amniotic fluid, in a prompt or timely manner or at all.

It was further claimed that there was a failure to properly respond to several risk factors predisposing the mother to a risk of developing the infection, including premature rupture of membranes.

There was, it was contended, a failure to prescribe intravenous antibiotics for the mother in a prompt and timely manner.

It was claimed that a situation was allowed to develop where chorioamnionitis progressed untreated so that by the time of the delivery it had reached a point where it triggered inflammatory mechanisms in the baby’s brain.

It was further claimed that there was a failure to provide or procure any appropriate, effective and timely specialist advice as to the condition of the baby and mother and as to the steps which ought to be taken in the circumstances.

All of the claims were denied.

Approving the settlement, Mr Justice Paul Coffey said there were significant difficulties in relation to causation in the case and he believed Carly’s side had done very well.

He wished Carly well for the future and said he was looking forward to being a follower of her podcasts.