We act on behalf of a 6 year old girl, Baby E, who suffers from cerebral palsy as a result of her traumatic birth at the Coombe Hospital in Dublin.

Baby E was delivered by emergency caesarean section following three failed attempts to deliver her using a ventouse cup and then subsequently a forceps.

We investigated the circumstances surrounding her traumatic delivery and her subsequent diagnosis with Group B Strep hours following her birth.

We claimed that the doctors involved in her care should not have attempted to deliver her by way of an instrumental delivery and that they should have proceeded to immediate caesarean section. There were a number of contraindications to an instrumental delivery in this case and as a direct consequence of the ventouse and forceps the baby developed a subgaleal haemorrhage which was the cause of her brain injury. She then subsequently went on to develop sepsis in the form of a Group B Streptococcus infection leading to neonatal meningitis.

The hospital admitted that the subgaleal haemorrhage was, on the balance of probabilities, caused because of the failed operative vaginal delivery, but they did not admit that the catastrophic brain injury, resulting in balance, cognitive, vision and sensory disabilities was caused as a result of the traumatic delivery. They maintained that her injuries were caused by early onset neonatal Group B Streptococcus (GBS) sepsis/meningitis.

The case settled following mediation by way of an interim settlement whereby a substantial sum has been paid by the hospital to provide for care, physiotherapy, occupational therapy, housing adaptations, aids and appliances for Baby E a period of eight years. When the period of eight years expires the case will be reviewed and provision will then be made for Baby E in relation to her needs into the future.

The Interim Settlement Order ensures that Baby E can receive the care and treatment required so as to give her the best possible outcome during the next 8 years. We will then review all of her needs again in 8 years’ time to ensure that all future payments adequately cover her costs and expenses relating to her needs into the future.

If you require further information in relation to a medical negligence action relating to cerebral palsy injuries caused during childbirth, please contact Rachael Liston Solicitor on 019123240 or alternatively email her at rachael.liston@listonflavin.ie.