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THE HIGH COURT has approved a €7.5m settlement in a medical negligence action brought on behalf of a teenage boy who had sued the HSE over the management of his birth.
17-year-old Kyle Corcoran, who has cerebral palsy and requires permanent care, brought High Court proceedings against the HSE claiming it had been negligent at the time of his birth at St Luke’s General Kilkenny Hospital on 4 June 2003.
The action was brought on Kyle’s behalf by his mother Amy Corcoran of Fr Byrne Park, Craiguecullen in Co Carlow.
The claims were denied and the settlement was made without an admission of liability.
The settlement was approved at the High Court today by Mr Justice Kevin Cross.
The judge was told by Aidan Walsh SC for Kyle that the action has been settled following a mediation, conducted by Declan Buckley SC between the parties.
In his action it was claimed that Amy Corcoran was admitted to the hospital in Kilkenny on 4 June 2003 complaining of abdominal pain.
It was claimed that she was placed on a cardiotocograph or CTG, which is used to record the foetal heartbeat and the uterine contractions during pregnancy.
It was claimed that the HSE failed to take action when the CTG showed readings of decelerations in the infant’s heartbeat, which were followed by substantial increases in Kyle’s heart rate.
Arising out of those readings, it was claimed the HSE’s staff should have intervened and taken steps including expediting Kyle’s delivery, which they allegedly failed to do.
It was claimed that Kyle was delivered following an allegedly clinically unacceptable delay. Following his birth Kyle was transferred to Waterford Regional Hospital, where he remained in Intensive Care for two weeks.
The HSE, it was claimed, was negligent on several grounds including that it failed to take proper action and that it allowed Kyle to be born in an asphyxiated state, resulting in him suffering permanent and significant injuries.
The court heard that arising out of his injuries, Kyle had to be fitted with a gastrostomy peg to allow him eat, because he has no ability to swallow.
The court also heard that Kyle has cerebral palsy, and a moderate learning disability, but has reasonable mobility on his feet. Counsel said that Kyle is able to play football in his back garden.
He has difficulties with his speech, and his communication skills are limited.
The teen has a lack of safety awareness and requires permanent care, close monitoring, and is incapable of independent living.
Kyle attends a special school and lives at home with his family, the court also heard.
Walsh also told the court that Amy Corcoran was happy with the settlement, and that an application to make Kyle a ward of court will be made in due course.
Counsel said the full value of the claim was approximately €9m, however following the mediation that figure was reduced by just over 17% to a total of just over €7.586m, counsel said.
In approving the settlement Mr Justice Cross said was “a good” and “reasonable one” in the circumstances.
Had the case gone to trial there was no guarantee that the outcome would have been successful. the judge noted.
The settlement the judge added will provide for Kyle’s future care needs, he said. The Judge concluded the short hearing by wishing both Kyle and his family well in the future.
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I would call the day before the government commits economic treason against the Irish people by taking the money saved by demolishing our health and education services and flushing it down the toilet a reasonable deadline, no?
The economic treason was committed primarily by Fianna Fail who provided the unlimited bailout to the zombie banks in the first place, vocally supported by Fine Gael and Sinn Fein at the time.
Unfortunately the organisations currently funding a large chunk of our health and education services want this money paid back, so Ireland isn’t accused of default. And if these organisations weren’t funding Ireland then our health and education services would be in a far worse position.
Right Desmond. Fianna Fáil did sign the death warrant but FG/Labour are doing the killing? Get real.
We don’t have to remind you of Labour’s way or Frankfurt’s way again, do we?
Or Leo ‘not another red cent to anglo’ Varadkar. How many red cents in €3.1 Billion??
Réada … It was Fianna fail, supported by fine Gael and Sinn Fein, who saddled us with this catastrophic debt and which precipitated the eu/IMF bailouts. Labour was the only party to consistently oppose this madness. Having been saddled with this debt and with the straitjacket of the Troika programme, this state has lost its economic sovereignty. Oh, the irony of the three nationalist parties donning the green jersey in order to sell out this country’s independence.
There is no credible alternative to operating within the terms of the Troika programme. Default is a fool’s proposal.
As a lifelong Labour voter Desmond I sympathise with you. Always voted labour although would have preferred candidates further to the left. Did so because I knew Labour was as left as my fellow conservative citizens could handle and thought they’d be our best chance. But they’ve let me down twice too often.
I know that they were alone in opposing the bank guarantee but they’re certainly rowing in behind it now. I do like the way I can read Gilmore like a book though and his “between the lines” comments re threats from Europe and further afield have been noted.
But I am sincere when I say you have my sympathies. Give it up tho Desmond. It’s a dead horse. Eamon doesn’t have the political courage to stick to his principles.
So, the plan is to hand 3.1 billion over, pass the austerity treaty, give up any leverage and then.. what, just ask for it back afterwards? They cannot – honestly – believe that is the best means of going about it.
At best incompetent, at its worst treason.
This is being paid for by the budget just gone. This is being paid for by taking the disability allowance from special needs adolescents. This is being paid for by taking the child benefit from kids above 7 years old. This is being paid for by taking a few months of fuel allowance from the elderly. This is being paid for by raiding people’s pensions.
Just to spell it out loud and clear. T-R-E-A-S-O-N.
Just to spell it out for you – even if there had been no bank bailout there would still be austerity and cut backs in spending. Why? Because more than half of the bailout is being used to plug the gap between the tax take and government spending. So what you describe would be happening anyway.
So very very true and the next payment will be part paid from the Household Charge/water charge/ Septic tank
If there was no bank bailout, the state’s debt was so low that we could tolerate the deficits initially and grow our economy out over a few years. The gap in tax and spending right now apart from the bank items, is relatively small and manageable at about 6 bililon(have a goo at the December Exchequer figures), and that can be explained by an economy suffering from a strike of investment ie no investment because the austerity is shredding the economy. Despite loading the banks with our cash, they’re not investing it, they’re hoarding it(because they understand what austerity means) and they’re actually reposessing the homes of the people that are bailing them out! This is and always has been a banking crisis, dressed up as something else to share the cost.
Of course the mathematical/economical side pales into insignificance when we take into account the immorality of it all. What’s wrong is wrong is wrong.
And your alternative …….. D – E – F – A – U – L – T which would mean the ending of imf/eu financial support our public finances the collapse of our public services, choking off of funds for our remaining banks and an economic winter the likes none of us have experienced before. Now that’s the real definition of TREASON.
Listen folks there wil be no deal worth talking about coming from the ECB. At best they will get an extension on the number of years over which it will be paid but it will be paid by this government. It will be spun out for a few more months until after the vote on the fiscal compact. We need to say now enough is enough and not pay the 3.1 billion have a structured default and suffer the consequences for the next few years. Look what happened to the markets with the structured Greek default , they rose and didn’t implode like we have been told. As said by David McWilliams on numerous occasions the markets have a short memory.
If Greece can secure a discount, what on earth isn’t the Irish government making more threatening noises?
Perhaps because the Irish people haven’t.
Gilmore just shut up and stay away thanks…
Party politics has no business at the present time. We all have our opinions on who we like to blame for this awful situation but we need leadership and above all negotiators at this time. People with real pride in the Irish People and who will negotiate our way to a better future for our kids. We are a small fish in a large sea but we can be heard with the right voice!
I hope our Politicians find the courage fast to have that voice.
I was happy to pay the household charge.
Past tense??? I hope you’ll be even happier when it’s abolished.
have your say