€1.4m awarded to girl injured at birth at WRH

Sully · 29-04-2013 12:51pm #1

Alex Butler is tetraplegic. Her physical disability means her body can be like jelly and her limbs are stiff. She gets around in a wheelchair.

All as a result of the injuries she suffered at birth at Waterford Regional Hospital.

If she had been born 10 to 12 minutes earlier, she might never have seen the inside of High Court No 29 and her parents would not have had to embark on a tough legal battle.

....

But on the night Sonya Butler was admitted to Waterford Regional Hospital, he said, the three dedicated publicly appointed consultant obstetricians were on holiday and a locum consultant obstetrician was in charge.

In a statement last night, solicitors for the hospital claimed that this was incorrect, and only one of the obstetricians was on holiday.

Earlier, Waterford Regional Hospital apologised to Alex and her parents, Sonya and John Butler, of Kilmacleague, Dunmore East, Co Waterford, for injuries suffered at her birth on Apr 12, 2005.

The apology was read out as part of the settlement of Alex’s action for damages against the HSE — involving a €1.4m interim payment.

More: http://www.irishexaminer.com/ireland/14m-for-star-of-the-show-alex-229299.html

This was discussed on the Saturday Night show (27/04/2013) and the child and her parents were on talking about the treatment they received at WRH during birth and the resulting complications that have seen them go to court.

According to the mother, Sonya, said that the midwives were not happy with how the pregnancy was going and they were going to "call the consultant" but she learned that there was "no consultant available and their private consultant was on leave". There was only one locum available so an "emergency call went out that he didn't answer" but he did answer the second call and arrived "25-30mins later". He came in, had a look at the trace, did an examination and said to continue that he was "going for coffee". He was called again, but he "wasn't arriving" so the midwife "went looking for him" and she returned with him.

She also said that the midwife "actually started to conduct the labour" and was asking the consultant "what was his plan of action, what was he going to do" and "she kept prompting him rather than the other way around".

Must have been a very upsetting time for them. Imagine being in the room and knowing there was something going drastically wrong? Giving birth and your child is limp. She was saying the room was full of doctors and you could "feel the tension" and she knew something was going wrong. There was other matters such as a "keewee vacuum" being applied for longer than the norm, not staying on, etc.

I'm quoting how the mother described the ordeal on national TV, on The Saturday Night Show, to Brendan O'Connor. (Source: http://www.rte.ie/player/ie/show/10141286/)

Its worth pointing out that the Health Service Executive (HSE) accepted liability for Alex's injuries, and the claims for hospital obstetric negligence birth injuries against the consultant obstetrician – John Bermingham – and locum obstetrician – Mahmud Khbuli – were thrown out.

Liability was admitted by the HSE on behalf of its servants and agents and the settlement is against the HSE only. The case was struck out against Mr Bermingham and Mr Khbuli.

Source: http://www.irishtimes.com/news/girl-8-injured-during-hospital-birth-gets-settlement-of-1-4-million-1.1370202

In terms of the settlement, it will be revisited in two years.

The Court was also advised that an interim settlement of Alex´s claim for hospital obstetric negligence birth injuries due to a lack of staff totalling at €1.4 million had been agreed upon between the HSE and Alex´s parents. The compensation settlement is to be revisited again in two years when an assessment of Alex´s care needs for the future has been completed, and by which time it is hoped that the option of a structured settlement of compensation is available.

Source: http://www.injuriesboardadvice.com/news/claim-for-hospital-obstetric-negligence-birth-injuries/

sweetie · 29-04-2013 12:56pm

Doesn't seem like a whole lot of money considering the injuries and what she needs to be comfortable.

south · 29-04-2013 1:07pm

sweetie wrote: »

Doesn't seem like a whole lot of money considering the injuries and what she needs to be comfortable.

its only the first of a few court appearances I believe.

Her_Majesty QEII Royal Page · 29-04-2013 1:08pm

She deserves much, much more.

daenerysstormborn3 · 29-04-2013 1:15pm

sweetie wrote: »

Doesn't seem like a whole lot of money considering the injuries and what she needs to be comfortable.

The High Court have been trying to introduce structured settlements for some years now and this would appear to be the first one. The girl was awarded 1.4 million and in two years she will return to court for the court to decide what she is entitled to in line with her life expectancy. This is a long time coming and a welcome change for Plaintiff's in this kind of situation.