Maternity apologizes to 6-year-old boy who settles birth injury case for 18 million euros

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The National Maternity Hospital has apologized to a six-year-old boy with cerebral palsy for the lack of care and the devastating injuries he suffered at birth.

The apology letter was read in the High Court as Fionn Feely settled his lawsuit against the hospital for € 18million. Fionn Feely has spastic quadriplegic cerebral palsy, cannot speak and needs round-the-clock care.

Family attorney Liam Reidy SC on behalf of Lyndy Cantillon’s attorney told the High Court it was their case, Fionn should have been delivered three hours earlier. The attorney said it was their claim that the insult to Fionn’s brain was near the end of labor.

“We are saying that if it had been delivered to the proper standards, there would be no brain damage,” the lawyer said.

The letter to the Feelys that was read to the High Court was from Professor Shane Higgins, master of the National Maternity Hospital.

He said: “On behalf of the National Maternity Hospital, I sincerely apologize for the lack of care during labor and delivery to Ms. Feely in April 2015 and to Fionn for her devastating injuries.

“We do not underestimate how difficult and traumatic this has been for you and your family and recognize the challenges you have faced on a daily basis since that time and we are so sorry.” Fionn’s parents Stephen and Deirdre Feely from Clontarf, Dublin said today that fighting for justice for their firstborn has changed them.

“Like many people who anticipated the birth of their first child, our hopes and dreams were united in one little person. These dreams have been shattered and it is difficult to describe the devastation we have experienced, ”they said.

The joy of holding our firstborn in our arms has been taken away from us. It was supposed to be the happiest day of our lives, it turned out to be our worst.

In a statement outside Four Court Fionn’s father, Stephen Feely, on behalf of the family, said for the past six years that they have experienced sadness, worry and grief on a daily basis, but that their son is “much more than his diagnosis”. He said that Fionn is happy, funny, intelligent, playful, playful, curious and most of all loving.

“We are his world and it is ours. Our hope now is that we finally have the opportunity to just be Fionn’s parents, instead of being primarily his caregivers and then we will also have a chance to give him absolutely everything he needs and deserves to get the job done. best of his life. ”

Describing the past six years, Mr Feely said: ‘There has been no respite from our grief, no respite from our daily struggles and worries, no respite from the what ifs and whys and thoughts of what might have been. to be.

“No amount can explain what Fionn lost or bring back the child that Fionn should have been, but this money will go to give him a future in which he can hope and thrive.” Fionn Feely, Mount Prospect Drive, Clontarf, Dublin, had through his father Stephen Feely sued the National Maternity Hospital, Holles Street, Dublin, for the circumstances of his birth in April 2015.

Allegations

It was alleged that there had been a suspected failure to properly manage Ms Feely’s pregnancy and labor and a suspected failure to properly monitor the baby’s fetal heart rate. It was further alleged that there had been an alleged failure to recognize and / or act on symptoms or signs of fetal distress and a failure to consider cesarean section in the event of elevated maternal temperature and CTG trace. pathological.

The national maternity hospital admitted having failed in its obligations with regard to the allegations relating to labor and childbirth. He said a fetal blood sample should have been considered between 8.55 p.m. and 9.10 p.m. and should have been considered at 9:10 p.m. or shortly after the cesarean delivery.

In court, Ms Feely said her son was on life support after birth and was not expected to survive by doing so. She said her son was a great personality and a joy to spend time with.

Approving the settlement, Justice Paul Coffey paid tribute to the Feelys and said they were remarkable parents.


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